PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

(1) Pursuant to FAR 52.252-1, "SOLICITATION PROVISIONS INCORPORATED BY REFERENCE," the following provisions are incorporated herein by reference.

I. FEDERAL ACQUISITION REGULATION (1990 EDITION) (48 CFR CHAPTER 1) SOLICITATION PROVISIONS:

PARAGRAPH TITLE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)(FAC 90-4)
52.209-7 ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE--MARKETING CONSULTANTS (NOV 1991)(FAC 90-8)
52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
52.223-4 RECOVERED MATERIAL CERTIFICATION (APR 1984)
52.223-5 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JUL 1990)

II. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (1991 EDITION) (48 CFR CHAPTER 2) PROVISIONS:

PARAGRAPH TITLE
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN(DAC 91-3)
252.227-7028 REQUIREMENT FOR TECHNICAL DATA REPRESENTATION (OCT 1988)

(2) THE FOLLOWING ADDITIONAL PROVISIONS OF THE FAR ARE APPLICABLE TO THIS SOLICITATION:

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The Offeror certifies that:

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the Offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above [insert full name of person(s) in the Offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the Offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT (APR 1984)

(a) Representation. The Offeror represents that, except for full-time bona fide employees working solely for the Offeror, the Offeror--

[NOTE: The Offeror must check the appropriate boxes. For interpretation of the representation, including the term "bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.]

(1) ( ) has, ( ) has not employed or retained any person or company to solicit or obtain this contract; and

(2) ( ) has, ( ) has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) Agreement. The Offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(l) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer--

(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or

(2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.

52.203-8 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY (NOV 1990)

(a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this provision.

(b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification:

CERTIFICATE OF PROCUREMENT INTEGRITY

(1) I, (name of certifier), am the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement Policy Act as amended* (41 U.S.C. 423), hereinafter referred to as "the Act", as implemented in the FAR, occurring during the conduct of this procurement (F04701-95-R-0009).

(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of
(Name of Offeror) who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations:

(Continue on plain bond paper if necessary, and label certificate of Procurement Integrity (continuation sheet). ENTER NONE IF NONE EXISTS)

(4) I agree that, if awarded a contract under this solicitation, the certifications required by subsection 27(e)(1)(B) of the Act shall be maintained in accordance with paragraph (f) of this provision.

[Signature of the Officer or Employee Responsible for the Offer and Date]

[Typed Name of the Officer or Employee Responsible for the Offer]

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)

(c) (1) For procurements using sealed bidding procedures, the signed certifications shall be submitted by each bidder with the bid submission except for procurements using two-step sealed bidding procedure (see Subpart 14.5). For those procurements, the certifications shall be submitted with submission of the two-step sealed bids. A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000.

(2) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000.

(3) Failure of a bidder to submit the signed certificate with its bid shall render the bid nonresponsive.

(d) Pursuant to FAR 3.104-9(d), the Offeror may be requested to execute additional certifications at the request of the Government. Failure of an Offeror to submit the additional certifications shall cause its offer to be rejected.

(e) A certification containing a disclosure of a violation or possible violation will not necessarily result in the withholding of award under this solicitation. However, the Government, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interests of the Government, such as disqualification of the Offeror.

(f) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer may rely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the Contractor. If a Contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for 6 years from the date a certifying employee's employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor.

(g) Certifications under paragraphs (b) and (d) of this provision are material representations of fact upon which reliance will be placed in awarding a contract.
(End of Provision)

Alternate I (SEP 1990). Procurements using other than sealed bidding procedures:

(c) For procurements, including contract modifications, in excess of $100,000 made using procedures other than sealed bidding, the signed certifications shall be submitted by the successful Offeror to the Contracting Officer within the time period specified by the Contracting Officer when requesting the certificates except as provided in subparagraphs (c)(1) through (c)(5) of this clause. In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modification:

(1) For letter contracts, other unpriced contracts, or unpriced contract modifications, whether or not the unpriced contract or modification contains a maximum or not to exceed price, the signed certifications shall be submitted prior to the award of the letter contract, unpriced contract, or unpriced contract modification, and prior to the definitization of the letter contract or the establishment of the price of the unpriced contract or unpriced contract modification. The second certification shall apply only to the period between award of the letter contract and execution of the document definitizing the letter contract, or award of the unpriced contract or unpriced contract modification and execution of the document establishing the definitive price of such unpriced contract or unpriced contract modification.

(2) For basic ordering agreements, prior to the execution of a priced order; prior to the execution of an unpriced order, whether or not the unpriced order contains a maximum or not to exceed price; and, prior to establishing the price of an unpriced order. The second certificate to be submitted for unpriced orders shall apply only to the period between award of the unpriced order and execution of the document establishing the definitive price for such order.

(3) A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000.

(4) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000.

(5) For purposes of contracts entered into under the section 8(a) of the SBA, the business entity with whom the SBA contracts, and not the SBA, shall be required to comply with the certification requirements of subsection 27(e). The SBA shall obtain the signed certificate from the business entity and forward the certificate to the Contracting Officer prior to the award of a contract to the SBA.

(6) Failure of an Offeror to submit the signed certificate within the time prescribed by the Contracting Officer shall cause the offer to be rejected.

52.204-3 TAXPAYER IDENTIFICATION (MAR 1994)

(a) Definitions.

"Common parent", as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member.

"Corporate status", as used in this solicitation provision, means a designation as to whether the Offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)", as used in this solicitation provision, means the number required by the IRS to be used by the Offeror in reporting income tax and other returns.
(b) Offeror is required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in 4.903, the failure or refusal by the Offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) Taxpayer Identification Number (TIN).

( ) TIN: .
( ) TIN has been applied for.

( ) TIN is not required because:

( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

( ) Offeror is an agency or instrumentality of a foreign government;

( ) Offeror is an agency or instrumentality of a Federal, state, or local Government;

( ) Other. State basis. .

(d) Corporate Status.

( ) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

( ) Other corporate entity;

( ) Not a corporate entity;

( ) Sole proprietorship;

( ) Partnership

( ) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).
(e) Common Parent.

( ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.

( ) Name and TIN of common parent:
Name
TIN

52.208-2 JEWEL BEARINGS AND RELATED ITEMS CERTIFICATE (APR 1984)

(a) This to certify that--

(1) Jewel bearings and/or related items, as defined in the Required Sources for Jewel Bearings and Related Items clause, will be incorporated into one or more items/will not be incorporated into any item (delete one) covered by this offer;

(2) Any jewel bearings required (or an equal quantity of the same type, size, and tolerances) will be ordered from the William Langer Plant, Rolla, North Dakota 58367, as provided in the Required Sources for Jewel Bearings and Related Items clause; and

(3) Any related items required (or an equal quantity of the same type, size, and tolerances) will be acquired from domestic manufacturers, including the Plant, if the items can be obtained from those sources.

(b) Attached to this certificate are estimates of the quantity, type, and size (including tolerances) of the jewel bearings and related items required, and identification of the components, subassemblies, or parts that require jewel bearings or related items.

Date of Execution

Solicitation No

Name

Title

Firm

Address

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency:

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a Governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners, partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was place when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.215-6 TYPE OF BUSINESS ORGANIZATION (JUL 1987)

The Offeror or quoter, by checking the applicable box, represents that--

(a) It operates as ( ) a corporation incorporated under the laws of the State of
, ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or a ( ) a joint venture; or

(b) If the Offeror or quoter is a foreign entity, it operates as ( ) a corporation incorporated under the laws of the State of , ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or a ( ) a joint venture; registered for business in .

52.215-11 AUTHORIZED NEGOTIATORS (APR 1984)

The Offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators].

NAME TITLE TELEPHONE NO.

52.215-20 PLACE OF PERFORMANCE (APR 1984)

(a) The Offeror or quoter, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the Offeror or quoter as indicated in this proposal or quotation.

(b) If the Offeror or quoter checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:

NAME AND ADDRESS OF OWNER PLACE OF PERFORMANCE (STREET, AND OPERATOR OF THE PLANT OR ADDRESS, CITY, COUNTY, STATE , FACILITY IF OTHER THAN OFFEROR ZIP CODE) OR QUOTER

52.219-1 SMALL BUSINESS CONCERN REPRESENTATION (FEB 1995)

(a) Representation. The Offeror represents and certifies as part of its offer that it is: ( ) a small business concern, ( ) not a small business concern.

(b) Definition. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in this solicitation.

(c) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small business concern in order to obtain a contract to be awarded under the preference progams established pursuant to sections 8(a), 8(d), 9 or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall --

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

52.219-3 WOMEN-OWNED SMALL BUSINESS REPRESENTATION (APR 1984)

(a) Representation. The Offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

(b) Definitions.

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in l3 CFR l2l.

"Women-owned," as used in this provision, means a small business that is at least 5l percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

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

(a) This acquisition is not a set aside for labor surplus area (LSA) concerns. However, the Offeror's status as such a concern may affect (l) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation. In order to determine whether the Offeror is entitled to a preference under (l) or (2) above, the Offeror must identify, below, the LSA in which the costs to be incurred on account of manufacturing or production (by the Offeror or the first-tier subcontractors) amount to more than 50% of the contract price.

(b) Failure to identify the locations as specified above will preclude consideration of the Offeror as an LSA concern. If the Offeror is awarded a contract as an LSA concern and would not have otherwise qualified for award, the Offeror shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

52.222-19 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION (APR 1984)

The Offeror represents as a part of this offer that the Offeror is ( ) or is not ( ) a regular dealer in, or is ( ) or is not ( ) a manufacturer of, the supplies offered.
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)

The Offeror represents that--

(a) It ( ) has, ( ) has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 3l0 of Executive Order No. l0925, or the clause contained in Section 20l of Executive Order No. llll4;

(b) It ( ) has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The Offeror represents that (a) it ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (4l CFR 60-l and 60-2), or (b) it ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)

The Offeror certifies that:

(a) Any facility to be used in the performance of this proposed contract is ( ), is not
( ) listed on the Environmental Protection Agency List of Violating Facilities;

(b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and

(c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (NOV 1993)

NOTE: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

(I) DISCLOSURE STATEMENT-COSTACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $500,000 resulting from this solicitation, except contracts in which the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation, will be subject to the requirements of 48 CFR, Parts 9903 and 9904, except for those contracts which are exempt as specified in 48 CFR, Subpart 9903.201-1.

(b) Any Offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR, Parts 9903 and 9904 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR, subpart 9903.202. The Disclosure Statement must be submitted as a part of the Offeror's proposal under this solicitation unless the Offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the Offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

( ) (1) Certificate of Concurrent Submission of Disclosure Statement.

The Offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) Original and one copy to the cognizant Administrative Contracting Officer (ACO), and (ii) One copy to the cognizant contract auditor.

(Disclosure must be on Form No. CASB-DS-l. Forms may be obtained from the cognizant ACO or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement:
Name and Address of Cognizant ACO where filed:

The Offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

( ) (2) Certificate of Previously Submitted Disclosure Statement.

The Offeror hereby certifies that Disclosure Statement was filed as follows:

Date of Disclosure Statement:
Name and Address of Cognizant ACO where filed:

The Offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable disclosure statement.

( ) (3) Certificate of Monetary Exemption.

The Offeror hereby certifies that the Offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $25 million (of which at least one award exceeded $1 million) in the cost accounting period immediately preceding the period in which this proposal was submitted. The Offeror further certifies that if such status changes before an award resulting from this proposal, the Offeror will advise the Contracting Officer immediately.

( ) (4) Certificate of Interim Exemption.

The Offeror hereby certifies that (i) the Offeror first exceeded the monetary exemption for disclosure, as defined in (3) above, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR, Subpart 9903.202-1, the Offeror is not yet required to submit a Disclosure Statement. The Offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the Offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under Subparagraphs (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $25 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

(II) COST ACCOUNTING STANDARDS-ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE

If the Offeror is eligible to use the modified provisions of 48 CFR Subpart 9903.201-2(b) and elects to do so, the Offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

( ) The Offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR Subpart 9903.201-2(b) and certifies that the Offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the Offeror received less than $25 million in awards of CAS-covered prime contracts and subcontracts, or the Offeror did not receive a single CAS-covered award exceeding $1 million. The Offeror further certifies that if such status changes before an award resulting from this proposal, the Offeror will advise the Contracting Officer immediately.

CAUTION: An Offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $25 million or more or if, during its current cost accounting period, the Offeror has been awarded a single CAS-covered prime contract or subcontract of $25 million or more.

(III) ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS

The Offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause require a change in established cost accounting practices affecting existing contracts and subcontracts.

( ) YES ( ) NO

(3) THE FOLLOWING ADDITIONAL DOD FAR SUPPLEMENT PROVISIONS ARE APPLICABLE TO THIS SOLICITATION:

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994)--DOD FAR SUPPLEMENT

(a) Definitions.

As used in this provision--

(1) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.

(3) "Significant interest" means--

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

(b) Prohibition on award.

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary, unless a waiver is granted by the Secretary of Defense.
(c) Disclosure.

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include--

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.
(Reference AFAC 92-43)

252.209-7003 DISCLOSURE OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF TERRORIST COUNTRY (SEP 1994)--DOD FAR SUPPLEMENT

(a) Definitions.

"Government of a terrorist country" and "terrorist country" are defined in the Reporting of Commercial Transactions with the Government of a Terrorist Country clause of this solicitation.

(b) Disclosure.

(1) Section 843 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) requires the Offeror to disclose commercial transactions conducted with the government of a terrorist country. If this offer exceeds $5,000,000, and if the Offeror has conducted such transactions, the Offeror shall disclose, in an attachment to its offer, each commercial transaction that it has conducted with the government of a terrorist country since February 28, 1994. The disclosure shall include--

(i) Identification of the government with which each transaction was conducted; and

(ii) The nature of each transaction.

(2) This disclosure requirement does not apply to--

(i) Transactions conducted by affiliates or subsidiaries of the Offeror; or

(ii) Payment or receipt of payment of a judgment or award ordered by a court or arbitral tribunal of competent jurisdiction. (Reference AFAC 92-43)

252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD CONTRACTS) (APR 1994)--DOD FAR SUPPLEMENT

(a) Definition. "Small disadvantaged business concern", as used in this provision, means a small business concern owned and controlled by individuals who are both socially and economically disadvantaged, as defined by the Small Business Administration at 13 CFR Part 124, the majority of earnings of which directly accrue to such individuals. This term also means a small business concern owned and controlled by an economically disadvantaged Indian tribe or Native Hawaiian organization which meets the requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively. In general, 13 CFR Part 124 describes a small disadvantaged business concern as a small business concern--

(1) Which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or

(2) In the case of any publicly owned business, at least 51 percent of the voting stock is unconditionally owned by one or more socially and economically disadvantaged individuals; and

(3) Whose management and daily business operations are controlled by one or more such individuals.

(b) Representations. Check the category in which your ownership falls--

Subcontinent Asian (Asian-Indian) American (US Citizen with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal)

Asian-Pacific American (US Citizen with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands, or the Federated States of Micronesia)

Black American (US Citizen)

Hispanic American (US Citizen with origins from South America, Central America, Mexico, Cuba, the Dominican Republic, Puerto Rico, Spain or Portugal)

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians, including Indian tribes or Native Hawaiian organizations)

Individual/concern, other than one of the preceding, currently certified for participation in the Minority Small Business and Capital Ownership Development Program under Section 8(a) of the Small Business Act

Other

(c) Certification. Complete the following--

(1) The Offeror is , is not a small disadvantaged business concern.

(2) The Small Business Administration (SBA) has , has not made a determination concerning the Offeror's status as a small disadvantaged business concern. If the SBA has made such a determination, the date of the determination was and the Offeror --

Was found by the SBA to be socially and economically disadvantaged and no circumstances have changed to vary that determination.

Was found by the SBA not to be socially and economically disadvantaged but circumstances which caused the determination have changed.

(d) Penalties and Remedies. Anyone who misrepresents the status of a concern as a small disadvantaged business for the purpose of securing a contract or subcontract shall--

(1) Be punished by imposition of a fine, imprisonment, or both;

(2) Be subject to administrative remedies including suspension and disbarment; and

(3) Be ineligible for participation in programs conducted under authority of the Small Business Act.

252.225-7000 BUY AMERICAN ACT -BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC--DOD FAR SUPPLEMENT

(a) Definitions. "Domestic end product", "qualifying country", "qualifying country end products", and "nonqualifying country end product" have the meanings given the Buy American Act and Balance of Payments Program clause of this solicitation.

(b) Evaluation. Offers will be evaluated by giving preference to domestic end products and qualifying country end products over nonqualifying country end products.

(c) Certifications.

(1) The Offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this clause, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror certifies that the following end products are qualifying country end products:

Qualifying Country Products

Line Item Number Country of Origin

(List only qualifying country end products.)

(3) The Offeror certifies that the following end products are nonqualifying country end products:

Nonqualifying Country Products

Line Item Number Country of Origin (If known)

252.225-7003 INFORMATION FOR DUTY-FREE ENTRY EVALUATION (AUG--DOD FAR SUPPLEMENT

(a) Is the offer based on furnishing any supplies (i.e., end items, components, or material) of foreign origin other than those for which duty-free entry is to be accorded pursuant to Duty-Free Entry--Qualifying Country End Products And Supplies clause of this solicitation?

Yes ( ) No ( )

(b) If the answer in paragraph (a) is yes, answer the following questions:

(1) Are such foreign supplies now in the United States?

Yes ( ) No ( )
(2) Has the duty on such foreign supplies been paid?

Yes ( ) No ( )

(3) If the answer to paragraph (b)(2) is no, what amount is included in the offer to cover such duty? $ .

(c) If the duty has not been paid, the Government may elect to make award on a "duty-free" basis. If so, the offered price will be reduced in the contract award by the amount specified in paragraph (b)(3). The Offeror agrees to identify, at the request of the Contracting Officer, the foreign supplies which are subject to duty-free entry.

(d) Offers will be evaluated on a duty included basis except to the extent that--

(1) The supplies are qualifying country end products as defined in the Buy American Act and Balance of Payment Program clause of this solicitation; or

(2) The duty-free price is specified for use in the evaluation procedure.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)-- DODSUPPLEMENT

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it--

Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation by Supplies by Sea.
(4) THE FOLLOWING AIR FORCE SUPPLEMENT PROVISIONS ARE APPLICABLE TO THIS SOLICITATION: NONE ARE APPLICABLE

(5) THE FOLLOWING AIR FORCE MATERIEL COMMAND SUPPLEMENT PROVISIONS ARE APPLICABLE TO THIS SOLICITATION: NONE ARE APPLICABLE

(6) THE FOLLOWING SPACE AND MISSILE SYSTEMS CENTER SUPPLEMENT PROVISIONS ARE APPLICABLE TO THIS SOLICITATION:

5352.215-9004 CONSENT TO USE NON-GOVERNMENT ADVISORS (MAR 1995)--SMC FAR SUPPLEMENT

The Offeror certifies it is aware that the Government intends to use the non-Government advisors set forth herein at 5352.215-9003. These non-government experts will provide advisory assistance to the source selection board organized in accordance with AFFARS Appendix AA to evaluate proposals received in response to this solicitation. In order to guard against unauthorized disclosure of the Offeror's proprietary information, the Government has incorporated organizational conflict of interest clauses into the contracts for each of the named support Contractors. The Offeror DOES ( ) DOES NOT ( ) consent to the Government providing proprietary, confidential, or privileged commercial or financial data contained within the Offeror's proposal to these non-Government advisors. In the event the Offeror withholds consent, this objection shall:

(i) be provided in writing to the contracting officer prior to the date set for receipt of proposals; and,
(ii) include a detailed statement of the basis for the objection.

(7) THE FOLLOWING ADDITIONAL PROVISION IS APPLICABLE TO THIS SOLICITATION:

K.1 DEFINITION OF "MANUFACTURED IN THE U.S."

By submitting an offer to this solicitation the Offeror certifies that the EELV space launch vehicle to be acquired by the Government will be manufactured in the United States (U.S.) For the definition of Manufactured in the U.S., see SCR H.6.

SECTION L

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

(1) Pursuant to FAR 52.252-1, "SOLICITATION PROVISIONS INCORPORATED BY REFERENCE," the following provisions are incorporated herein by reference.

I. FEDERAL ACQUISITION REGULATION (1990 EDITION) (48 CFR CHAPTER 1) SOLICITATION PROVISIONS:

PARAGRAPH TITLE
52.210-6 LISTING OF USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT SURPLUS PROPERTY (APR 1984)
52.215-5 SOLICITATION DEFINITIONS (JUL 1987)
52.215-7 UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS (APR 1984)
52.215-8 AMENDMENTS TO SOLICITATIONS (DEC 1989)
52.215-9 SUBMISSION OF OFFERS (DEC 1989)
52.215-10 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (DEC 1989)
52.215-12 RESTRICTION ON DISCLOSURE AND USE OF DATA (APR 1984)
52.215-13 PREPARATION OF OFFERS (APR 1984)
52.215-14 EXPLANATION TO PROSPECTIVE OFFERORS (APR 1984)
52.215-15 FAILURE TO SUBMIT OFFER (APR 1984)
52.215-16 CONTRACT AWARD (JUL 1990)
ALTERNATE III (AUG 1991)(FAC 90-7)
52.215-30 FACILITIES CAPITAL COST OF MONEY (SEP 1987)
52.216-1 TYPE OF CONTRACT (APR 1984)
(In the blank space insert "Firm-Fixed Price")
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (APR 1984)
 
 
52.227-6 ROYALTY INFORMATION (APR 1984)
52.228-6 INSURANCE--IMMUNITY FROM TORT LIABILITY (APR 1984)
52.233-2 SERVICE OF PROTEST (NOV 1988)
(In the blank space, insert "the person whose name appears at the bottom of the DD Form 1707 (cover sheet) of this solicitation.")
52.237-1 SITE VISIT (APR 1984)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988)

II. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (1991 EDITION) (48 CFR CHAPTER 2) SOLICITATION PROVISIONS:

PARAGRAPH TITLE
252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC
252.219-7009 CERTIFICATE OF COMPETENCY (APR 1993) (DAC 91-6)
252.227-7019 IDENTIFICATION OF RESTRICTED RIGHTS COMPUTER SOFTWARE (APR
252.237-7019 IDENTIFICATION OF UNCOMPENSATED OVERTIME (APR-3)

(2) THE FOLLOWING PROVISIONS OF THE FAR ARE APPLICABLE TO THIS SOLICITATION:

52.210-2 AVAILABILITY OF SPECIFICATIONS LISTED IN THE DOD INDEX OF SPECIFICATIONS AND STANDARDS (DODISS) AND DESCRIPTIONS LISTED IN DOD 5010.12-L (DEVIATION MAY 1990)

(a) Requests for copies of specifications or data item descriptions cited in this solicitation may be submitted by Telephone Order Entry System (TOES), mail, TELEX, or Western Union. All requests should include customer number, or Contractor and Government Entity (CAGE) Code; complete mailing address, including any "mark for" information required; specification or data item description number, date, and applicable amendment(s); solicitation or contract number; and quantity (up to 10). When requesting a data item description, the request should also cite the applicable data item number set forth in the solicitation. Copies of the DoDISS and the Acquisition Management Systems and Data Requirements Control List, DoD 5010.12-L, may also be ordered from the supply point listed herein. For first orders from Contractors that do not have a CAGE Code, a customer number will be assigned for future orders. Processing time for documents is usually 3 to 5 days.

(1) The TOES number is (215) 697-1187. To use TOES, the Contractor must first obtain a customer number. If the Contractor have already used the Print On Demand System (PODS), a customer number was assigned and was shown on the shipping invoice or the status letter. For urgent requests, customer numbers may be obtained from the Special Assistance Desk (215) 697-2667. When placing an order utilizing TOES, the Contractor must use a touch tone telephone. Since the telephone does not have the letters "Q" or "Z," TOES allows the Contractor to replace the letter "Q" with the number "7" and the letter "Z" with the number "9."
(2) Mail requests to:

Standardization Document Order Desk
Building 4, Section D
700 Robbins Avenue
Philadelphia, PA 19111-5094

(3) TELEX Number is 834295

(4) Western Union Number is 710-670-1685

(5) For inquiries the number is (215) 697-2667. Customer service telephones are available to assist with special inquiries about the services available or status on orders previously placed. Orders will not be accepted on these lines.

(b) Additional information is available in the Naval Publications and Forms Center brochure entitled "A Guide for Private Industry." To obtain copies of the guide, call (215) 697-2179 or write to the Standardization Document Order Desk at the above address, and specify "Guide #89" in the request.

(c) Voluntary standards, which are not available to the Offeror and Contractors from Government sources, may be obtained from the organization responsible for their preparation, maintenance, or publication.

52.219-22 SIC CODE AND SMALL BUSINESS SIZE STANDARD (JAN 1991)

(a) The standard industrial classification (SIC) code for this acquisition is 3761.

(b) (1) The small business size standard is 1000.

(2) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(3) THE FOLLOWING PROVISIONS OF THE DOD FAR SUPPLEMENT ARE APPLICABLE TO THIS SOLICITATION:

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (SEPFAR SUPPLEMENT

(a) Definitions.

As used in this provision--

(1) "Effectively owned or controlled" means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror's officers or a majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).

(2) "Entity controlled by a foreign government"--

(i) Means--

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.

(3) "Foreign government" includes the state and the government of any country (other than the United States and its possessions and trust territories) as well as any political subdivision, agency, or instrumentality thereof.

(4) "Proscribed information" means--

(i) Classified information;

(ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIs);

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI).

(b) Prohibition on award.

No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536 (a).

(c) Disclosure.

The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror's immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format:

 
Offeror's Point of Contact for Questions about Disclosure
(Name and Phone Number with Country Code, City Code and Area Code, as applicable)


Name and Address of Offeror

 
Name and Address of Entity
Controlled by a Foreign Government
Description of Interest,
Ownership Percentage, and
Identification of Foreign Government

(Reference AFAC 92-43)

252.210-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC 1991)--DOD FAR SUPPLEMENT

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not for distribution but may be examined at the following location:

 
Space and Missile Systems Center/XRV
2435 Vela Way, Suite 1613
Los Angeles AFB, CA 90245-5500
 

(4) THE FOLLOWING PROVISIONS OF THE AIR FORCE FAR SUPPLEMENT ARE APPLICABLE TO THIS SOLICITATION: NONE ARE APPLICABLE

(5) THE FOLLOWING PROVISIONS OF THE AIR FORCE MATERIEL COMMAND FAR SUPPLEMENT ARE APPLICABLE TO THIS SOLICITATION:

5352.215-9009 SUBMISSION OF CERTIFIED COST OR PRICING DATA (OCT 1994)

(a) It is anticipated that pricing of this action will be based on adequate price competition; therefore, the Offeror is not required to submit certified cost or pricing data. However, if after receipt of proposals it is determined that adequate price competition does not exist, certified cost or pricing data (see FAR 15.804-4) will be required. Use of a Standard Form 1411 for the submission of the offer and any supporting data is required only if certification is required.

(b) If it is determined that adequate price competition does not exist, the Offeror shall provide current, complete and accurate cost or pricing data within 30 days after receipt of the Contracting Officer's request.

5352.215-9014 ACQUISITION OMBUDSMAN (JUL 1992)--AFMC FAR SUPPLEMENT

An Ombudsman has been appointed to hear concerns from the Offeror and potential Offerors during the proposal development phase of this acquisition. The purpose of the Ombudsman is not to diminish the authority of the program director or contracting officer, but to communicate Contractor concerns, issues, disagreements, and recommendations to the appropriate Government personnel. When requested, the Ombudsman will maintain strict confidentiality as to the source of the concerns. The Ombudsman does not participate in the evaluation of proposals or in the source selection process. Interested parties are invited to call Mr. Leslie L. Bordelon at (310)-363-3818.

(6) THE FOLLOWING PROVISIONS OF THE SPACE AND MISSILE SYSTEMS CENTER FAR SUPPLEMENT ARE APPLICABLE TO THIS SOLICITATION:

5352.215-9003 EVALUATION BY NON-GOVERNMENT PERSONNEL (APR 1984)--SMC FAR SUPPLEMENT

Offerors are advised that personnel from The Aerospace Corporation, Management Consulting & Research, Inc. (MCR), bd Systems, and Analytical Services (ANSER) may assist the Government during the Government's evaluation of proposals. These persons shall be authorized access to only those portions of the proposal data and discussions that are necessary to enable them to provide specific technical advice on specialized matters or on particular problems. They shall be expressly prohibited from scoring, ranking or recommending the selection of a source.

(7) THE FOLLOWING ADDITIONAL PROVISIONS ARE APPLICABLE TO THIS SOLICITATION:

5352.210-9000 ELIMINATION OF CLASS I OZONE DEPLETING SUBSTANCES IN AIR FORCE PROCUREMENTS--SMC IMPLEMENTATION

The Offeror's attention is directed to Air Force FAR Supplement clause 5352.210-9000 entitled "Elimination of Class I Ozone Depleting Substances in Air Force Procurements". Offerors are requested to identify in their proposal any requirement for Class I ODS that the Air Force may have inadvertently included in the solicitation. If "none", so state in clause. (Reference USAF/AQC ltr dtd 14 Oct 94)

L.1 INFORMATION REGARDING THE EXECUTION OF COMPETITIVE INFORMATION CERTIFICATE (AUG 1989)

Prospective bidders/Offerors are hereby notified that, prior to award, the apparent low bidder or successful Offeror will be required to execute a "Competitive Information Certificate" if such prospective awardee is listed as a Contractor from whom a "Competitive Information Certificate" is required. This certification is required for all competitive procurements and is in addition to the Contractor certification requirements set forth in FAR
(Reference AFAC 89-26)

L.2 FUNDING PROFILE

The funding profile below covers the basic effort (CLIN 0001), and data relating to CLIN 0001 (CLIN 0002) for the EELV Low Cost Concept Validation Module.

FY95* FY96*
$20M $100M

The Government will award up to four (4) Firm Fixed Priced contracts; total value of all awarded contracts will not exceed $120 million.

L.3 RESTRICTIONS ON BRIEFINGS

Concurrent with the release of the RFP to potential Offerors, HQ USAF, HQ AFMC, AFSPC, HQ USSPACECOM, and other Government agencies will be advised that a source selection action is in progress for the requirements of this RFP and that briefings to them by a participating Offeror or their representatives on the subject of the RFP are inappropriate during the period of selection and prior to the award of a contract. Recipients of this RFP are advised accordingly not to attempt such briefings during this period.

L.4 FUNDS AVAILABILITY

Funds for the first fiscal year (FY95) of the EELV Low Cost Concept Validation Module have been appropriated but are not available for obligation at the time of the RFP release. Funding requirements for the second fiscal year of Low Cost Concept Validation Module (FY96) were submitted to Congress in the 1996/1997 President's Budget. The Government reserves the right not to make contract award until release of the FY95 funds.

SUBSECTION L-2, PROPOSAL PREPARATION INSTRUCTIONS

1.0 GENERAL INFORMATION

1.1 Oral Presentations. Each Offeror is required to make an oral presentation. The Offeror must contact the Procuring Contracting Officer, Maj Cliff Bratten at 310-363-0799 no later than 5 June 1995, 1500 hours, Pacific Daylight Time, to schedule a presentation time. The presentation will be a maximum of 40 minutes. Offeror's should provide an overview of their entire proposal (less cost or pricing data). Offeror's should coordinate audiovisual equipment necessary for their presentation in advance. Offeror's shall provide one copy only of the presentation to the Government. The Offeror will be limited to five company representatives. The presentations will take place at LA AFB, CA on 16 June 1995.

1.2 PROPOSAL BREVITY. The preparation instructions are intended to elicit brief, specific responses to the proposal; however, sufficient supporting information shall be provided to allow the Government to evaluate the Offeror's approach. Stating the Offeror understands and complies with this effort or paraphrasing the statements of the RFP is inadequate. Phrases such as: "Standard procedures will be employed" and "well known techniques will be used" are also inadequate.

1.3 Integrated Product Development (IPD). The program shall adopt the Integrated Product Development (IPD) philosophy. This approach will provide flexibility to the Contractor in conducting an effective Evolved Expendable Launch Vehicle (EELV) effort and give the Government visibility into the proposed efforts. Two of the major features of IPD are reviewed in this introduction.

1.3.1 The first major feature is an approach for planning the contract effort and preparing the contract documentation. The Offeror is provided with the following annexes to help in preparing the proposal and contractual documents:

RFP Annex A, Integrated Task and Management Plan (ITAMP) Instructions
RFP Annex B, Cross Reference Matrices
RFP Annex C, System Performance Document (SPD)
RFP Annex C-1, National Mission Model
RFP Annex C-2, EELV Transition Schedule
RFP Annex D, Work Breakdown Structure (WBS) Information
RFP Annex E, Government List of Objectives (GLO)
RFP Annex F, Contract Data Requirements List (CDRL)

RFP Annex G, Life Cycle Cost Estimate (LCCE) and Methodology Instructions
RFP Annex G-1, OSD Approved 95-1 Inflation Indices
RFP Annex G-2, Baseline Funding Profile: Projected for EELV Engineering & Manufacturing Development
RFP Annex H, Acronyms
RFP Annex I, DoD Policy on the Use of Former Soviet Union Propulsion in Space Launch Vehicles
RFP Annex J, Program Protection Plan (PPP)
RFP Annex K, DD Form 254, Contract Security Classification Specification
RFP Annex L, Launch Cost Baseline

Using the SPD and GLO, the Offeror shall develop a proposed Requirements Verification Matrix, WBS, ITAMP, CDRL, and Integrated Master Schedule (IMS). These Offeror generated documents will be used in the evaluation of the Low Cost Concept Validation Program Management Approach area. All of these documents shall be placed on contract with the exception of the IMS which is a CDRL deliverable.

1.3.2 The ITAMP identifies tasks, key events, significant accomplishments, and selective narratives necessary to accomplish the LCCV effort. The IMS corresponds to the ITAMP and shows the schedule necessary to achieve each significant accomplishment. The ITAMP and IMS will be used to track program progress. Detailed instructions on the preparation of the ITAMP are given in RFP Annex A.

1.3.3 The second major feature of the IPD approach is the use of Integrated Product Teams (IPTs) in implementing the event-driven plan described above. This involves a teaming of functional disciplines to integrate and concurrently apply all necessary processes to produce effective and efficient products that satisfy mission requirements.

1.3.4 Under the IPD approach, the system is subdivided into its products. The program is then organized into IPTs which are empowered and held responsible for the cost, schedule and performance of their specific product. Each IPT is given the authority to manage their product and allocate resources within the team. The IPT members represent all functions that have a role in the performance of the product, i.e., engineering, manufacturing, contracts, finance, logistics. The work tasking for each product is defined in the ITAMP.

1.4 REQUIREMENTS RESOLUTION. If the Offeror believes the requirements in these instructions contain an error, omission or are unsound, the Offeror shall immediately contact the PCO in writing with supporting rationale.

1.5 CLASSIFIED PROPOSALS. The Government anticipates proposals will not require the inclusion of classified material. PCO approval is required prior to submission of any classified information. If it is necessary to include classified material (no higher than Secret), the classified portions of the individual proposal parts shall be submitted under a separate cover. Classified information generated for this proposal shall be submitted (hardcopy only) in accordance with DoD 5220.22-M Industrial Security Manual for Safeguarding Classified Information. Classified portions shall be counted against the total page count for the respective volume.

1.6 Unsuccessful Proposals. In compliance with FAR Subpart 4.8, the Government will retain one electronic copy or one hardcopy of all unsuccessful proposals.
1.7 SCHEDULE INFORMATION. The following information is provided for use in developing the top level EELV program roadmap referenced at Section L, paragraph 3.1.4.1.

Contract Award for LCCV Module Sep 95
Pre-EMD RFP Jul 96
Tailored PDR Aug 96
Pre-EMD Award Dec 96
EMD RFP Jan 98
Tailored CDR 1 Feb 98
EMD Award May 98
MLV 1st & 2nd Low Risk Payload Flights 2000
MLV IOC (VAFB) 2001
Tailored Critical Design Review 2 2001
MLV IOC (CCAS) 2002
HLV Low Risk Payload Flight 2003
HLV IOC (VAFB) 2005
HLV IOC (CCAS) 2006

1.8 EELV TECHNICAL LIBRARY. The EELV Technical library contains program reference information. It is the only location, except for the electronic bulletin board, where reference information is provided. The library is located at Space and Missile Systems Center, Los Angeles Air Force Base, in Bldg. 120, Room 1306. The process for accessing the library is outlined in the EELV Industry Library letter issued to Industry on 3 Feb 95. The library will close one calendar day prior to the Contractor proposal deadline.

1.9 PROPOSAL LANGUAGE. All proposal data shall be in English.

1.10 ALTERNATE PROPOSALS. The Government will not accept alternate proposals.

2.0 PROPOSAL SUBMISSION AND ELECTRONIC FORMAT

2.1 PROPOSAL DELIVERY INFORMATION.

2.1.1 Proposals in response to this RFP shall be submitted by 16 June 1995, 1500 hours Pacific Standard Time, addressed to Space and Missile Systems Center, 2435 Vela Way, Suite 1613, Los Angeles AFB, CA. 90245-5500 (Building 120/Room 1405), to the Attention of Major Cliff Bratten, Contracting Officer. Proposals received after the cutoff date specified herein shall be treated in accordance with restrictions of FAR 52.215-10. The Government requests Volume V, Relevant Past/Present Performance be submitted to the above address two weeks prior to the proposal submittal date. If early delivery of this Volume cannot be accomplished, submittal shall be with the proposal on 16 June 1995. (Do not resubmit this data on 16 June 1995 if it is submitted earlier.) Early delivery will not influence the evaluation.

2.1.2 The Offeror shall submit a basic LCCV module proposal not to exceed $30 million firm fixed price. The ITAMP and supporting instant contract cost data for the basic proposal must correspond to the proposed firm fixed price. The Offeror shall also submit an additive supplement to this proposal which, when added to the basic proposal, does not exceed $40 million firm fixed price. The additive supplement will address effort over and above that addressed in the basic proposal. For example, the Offeror may choose to do additional demonstration and/or trade study effort. In other words, the additive supplement shall not change any of the effort included in the basic proposal, only add to it. The ITAMP and supporting instant contract cost for the basic proposal plus additive supplement must correspond to the firm fixed price not exceeding $40 million.

2.1.3 The Offeror shall submit two electronic media copies (original and backup) and one paper copy of its proposal. Each copy shall contain both the basic proposal and the additive supplement. For the electronic media copies, the additive supplement shall be presented as a complete proposal (basic proposal plus additive effort) with the additions over and above the basic proposal highlighted using a different color. Use a black font for the basic proposal content and a blue font to reflect the additive effort. This will allow the Government to evaluate only the additive effort, yet still review this effort in the context of the overall proposal. For the paper copy, the additive supplement shall also be presented as a complete proposal printed in black and white (the additions over and above the basic proposal shall not be highlighted). The paper copy shall contain all required original signatures (the cover page of the proposed contracts, representations and certifications (Section K), and GFP/Base Support permission slips). Electronic media copies of representations and certifications and GFP/Base Support permission slips are not required. The "Additional Documents as Appendices to Volume III" (see Table 1 below) shall only be submitted with the basic proposal, unless the additive effort results in a change to any of these documents. In that case, only the change shall be submitted with the additive supplement. Any extra paper copies of proposals submitted will be destroyed. (Please note that by following these instructions, the Offeror will submit two complete paper copy proposed contracts (Sections A-J, Exhibit A, and all attachments), each with an original signature on the cover page of the contract. The basic contract shall not exceed $30 million firm fixed price, and the additive supplement (basic proposal plus additive effort) shall not exceed $40 million firm fixed price.)

2.1.4 A hardcopy transmittal letter may be used to forward the proposal to the EELV Program Office and may include an executive level synopsis of the proposal not to exceed four pages. This letter, including synopsis, will be used administratively and will not be evaluated.

2.2 PROPOSAL CONTENT. All volumes shall be self contained and not reference other volumes; to avoid duplication, the only exceptions are the Offeror may reference the SPD and art. For purposes of assessing compliance with the page count, proposals will be viewed using the print preview function of Microsoft Word 6.0 for the PC. Pages in excess of the maximum will not be evaluated. They will be deleted from the proposal and the extra hard copy pages returned to the Offeror. Documents such as a transmittal letter, table of contents, listing of figures, title page, index, and acronym list may be used and will not apply against the page count. Proposals shall remain valid for no less than 120 calendar days from the date they are to be received. Submit proposals as follows in Table 1 below:

VOL

CONTENT
Basic Proposal Page Limit
Additive
Supplement Page Limit
 
 
 
 
I

Cost Reduction Approach

80
90
II

Low Cost Concept Validation

40
55
 

App II-A, Integrated Master Schedule (IMS)

none
none
 

App II-B, Key Personnel Resumes

15
15
 

App II-C, Cross Reference Matrix

none
none
III

LCCV Contract and Documentation

 
 
 
Standard Form 33 and Model Contract with the following Attachments:
 
 
 
 
 
 
 
Attach 1 - System Performance Document (SPD)
none
none
 

Attach 2 - Work Breakdown Structure (WBS) Dictionary
none
none
 

Attach 3 - Integrated Task and Management Plan (ITAMP)
 
  • *
 

Attach 4 - Small Business Subcontracting Plan

none
none
 

Attach 5 - Rights In Technical Data And Computer Software
none
none
 

Attach 6 - Government Furnished Property (GFP)

none
none
 

Attach 7 - Base Support

none
none
 

Attach 8 - Contract Security Classification Spec (DD Form 254)
none
none
 

Exhibit A - Contract Data Requirements List (CDRL)
none
none
 
 
 
 
 

Additional Documentation as Appendices to Volume III:

 
 
 
App III-A, Representations And Certifications
none
none
 

App III-B, Exceptions

none
none
 

App III-C, Authorized Representative

none
none
 

App III-D, AMIS Letter

none
none
 

App III-E, Location Information

none
none
 

App III-F, GFP Written Permission Slips

none
none
 

App III-G, Base Support Permission Slips

none
none

Table 1. Proposal Page Limits

Table 1 Proposal Page Limits(Con't)

2.3 SUBMISSION OF ELECTRONIC PROPOSALS.

2.3.1 GENERAL. Proposals will be read and evaluated electronically. This section is intended to provide information to the Offeror on the electronic format and application software to be used for submitting proposals. Use of the software and procedures described in this section will be of assistance to the EELV Program by reducing the amount of time and effort needed to receive and install proposals onto the electronic evaluation system, and will help to ensure the proposals received are suitable for reading electronically. The EELV Program is soliciting the cooperation of the interested Offeror, and in no way should any information regarding electronic products listed below be construed as a Government endorsement for such products.

2.3.1.1 If there is a need to embed other application objects into the proposal (e.g., MS Excel, MS Powerpoint, MS Project) the Offeror shall use the "Insert Object" function offered in MS Word 6.0 for the PC. Do not link files together. The Government will evaluate each proposal in the print preview mode of MS Word 6.0 for the PC and the evaluators will only evaluate the embedded object as it appears in this mode.

2.3.1.2 The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal documents. The evaluation system will not incorporate a capability to read these files and these files slow the scroll rate. Graphics which are embedded into documents should be kept as simple as possible. Computers require more processing time to draw and redraw complicated figures, and scrolling through the document is slowed significantly. Suggestions include:

a. Limit colors to 256 colors at 1280x1024 resolution; avoid color gradients.
b. Simplify the color palette used in creating figures.
c. Be aware of how large graphics files become; large files are discouraged.
d. Avoid scanned images.
e. No foldouts.

2.3.2 OPERATING SYSTEM AND APPLICATIONS. The proposals will be accessed via Microsoft Windows NT Advanced Server/Windows for WorkGroups network. Proposals shall be submitted using Microsoft Word 6.0 for the PC.

2.3.3 ELECTRONIC MEDIA. Contractors shall submit their proposals on either 3.5 inch MS-DOS Double Sided High Density DSHD formatted disks, IBM (MS DOS) formatted at 1.44 megabytes, Bernoulli disk cartridges, 150 meg or smaller MS-DOS formatted disk using the IOMEGA drivers, or on single/dual speed CD ROM. There is no limit to the number of files or disks which can be submitted, as long as the page requirements of paragraph 2.2 of this section are met.

2.3.4 FONT AND PAGE SETUP. Text Font will be Times New Roman, 12 point vertical character height and no more than 12 characters per inch, black and single space. The additional text for the additive supplement shall also follow these conventions, except the text shall be blue instead of black. Kern modification or other techniques to reduce character size or spacing are prohibited. All text within illustrations and tables shall be legible and at least 8 points in height. Text within figures may be single spaced. Figure titles shall be at least 10 points in height. These restrictions do not apply to the forms provided by the Government in this RFP and included in the EELV contract(s) (Standard Form 33, DD Form 254, DD Forms 1423-1, DD Form 1664). The page limitation is based on 8.5x11 "paper" with 1" margins on all sides and page set up 100%.

2.3.5 PROPOSAL TESTING. The Offeror will be allowed to test the proposals on the Government's hardware configuration from 18 May 95 to 2 June 95. Each Offeror will have up to two hours available for any testing required. Starting on 18 May 95, contact Major Cliff Bratten, Contracting Officer, to schedule an appointment.
2.3.6 FILE NAMING CONVENTIONS. If files become too large, and multiple files are required, name the files sequentially (e.g., b4a_1.doc is first file, b4a_2.doc is second file). For delivery purposes, submit the basic proposal under directory name EELV30 and the additive supplement under directory name EELV40 on a CD-ROM or Bernoulli Drive, or on separately labeled 3.5 inch disks. The additive supplement proposal files are the basic proposal plus additions clearly displayed using a MS Word 6.0 Font color of BLUE. Files shall be named in accordance with Table 2 below:

 

Basic Proposal
Document Names
Additive Supplement
Document Names

Volume I

b1.doc
a1.doc
Volume II
b2a.doc
a2a.doc
App II-A
b2b.doc
a2b.doc
App II-B
b2c.doc
a2c.doc
App II-C
b2d.doc
a2d.doc
Volume III (Model Contract Sections A-J)
b3a.doc
a3a.doc
Attach 1
b3b.doc
a3b.doc
Attach 2
b3c.doc
a3c.doc
Attach 3
b3d.doc
a3d.doc
Attach 4
b3e.doc
a3e.doc
Attach 5
b3f.doc
a3f.doc
Attach 6
b3g.doc
a3g.doc
Attach 7
b3h.doc
a3h.doc
Attach 8
b3i.doc
a3i.doc
Exhibit A
b3j.doc
a3j.doc
App III-A
b3k.doc
a3k.doc
App III-B
b3l.doc
a3l.doc
App III-C
b3m.doc
a3m.doc
App III-D
b3n.doc
a3n.doc
App III-E
b3o.doc
a3o.doc
App III-F
b3p.doc
a3p.doc
App III-G
b3q.doc
a3q.doc
Volume IV, App IV-A
b4a.doc
a4a.doc
Volume IV, App IV-B
b4b.doc
a4b.doc
Volume IV, App IV-C
b4c.doc
a4c.doc
Volume IV, App IV-D
b4d.doc
a4d.doc
Volume IV, App IV-E
b4e.doc
a4e.doc
Volume IV, App IV-F
b4f.doc
a4f.doc
Volume IV, App IV-G
b4g.doc
a4g.doc
Volume V
b5.doc
a5.doc
Acronym List (Optional)
b6.doc
a6.doc

Table 2. Proposal File Names

2.3.7 ADDITIONAL DATA FILE. To facilitate entry of data into this file, each Offeror is instructed to provide a "tab delimited ASCII file", named "Info.ktr", with the basic proposal and additive supplement submitted. This file shall contain the following information with a tab between each entry. For blank entries, put in an extra tab. Submit the file in the following exact order:

INFORMATION REQUIRED SAMPLE INPUTS
Name of Offeror
XYZ Inc
 
 
Name of Official Point of contact (POC) for all correspondence
Ms. Jane Smith
 
 
Title of POC
President
 
 
POC Phone Number
310-555-1234x6666
 
 
E-Mail Address (if available)
contractor.com
 
 
Address Line 1
123 West St
 
 
Address Line 2
Suite 500
 
 
Address Line 3
Mail Stop 422
 
 
Address Line 4
blank
 
 
City
Any town
 
 
State
Any state
 
 
Zip Code
11111-1111
 
 
Title of Proposal
EELV LCCV Module
 
 
Classification of Proposal
Unclassified
 
 
Proposal Synopsis (unclassified description)
Limit to 100 words or less

SAMPLE FILE

XYZ Inc[tab]Ms. Jane Smith[tab]President[tab]310-555-1234x6666[tab]contractor.com [tab]123 West St[tab]Suite 500[tab]Mail Stop 422[tab][tab]Any town[tab]Any state [tab]11111-1111[tab]EELV LCCV Module[tab]Unclassified[tab]Limit to 100 words or less

3.0 SPECIFIC INSTRUCTIONS. No cost or pricing data shall be included in any volume except Volume III (Model Contract portion) and Volume IV, Cost. In Volumes I and II, the Offeror may indicate where and how cost reductions will be achieved. However, LCCE numbers or instant contract pricing numbers shall not appear in these volumes. Percentages are acceptable.

3.1 Volume I - COST REDUCTION APPROACH. This volume pertains to the Offeror's total EELV program. This volume shall include five sections:

3.1.1 SECTION 1 - CONCEPT VIABILITY

3.1.1.1 Describe the proposed evolved system concept including the launch vehicle and ground segments (including infrastructure and support systems). Identify and describe the major components/subsystems of the proposed concept.

3.1.1.2 Identify and describe (as applicable for the concept) the proposed modifications to the existing launch systems, the application of major vehicle subsystems, and the use of new systems/components/subsystems. For previously developed hardware and software, discuss its adequacy for use in the EELV system. Identify the technical complexity of the proposed evolved system as low, moderate or high and justify the assessment.

3.1.1.3 Describe the functional flow (includes the operational concept), major activities, and top-level timelines of the proposed system from factory assembly through launch and recovery/refurbishment (if any).

3.1.1.4 Address the traceability of the proposed system to the EELV System Performance Document (SPD) requirements. Provide supporting data which confirms the proposed concept will preserve or improve existing reliability levels, operability, and capability.

3.1.1.5 Provide supporting data which confirms that the proposed concept will reduce cost over the operational life of the system as compared to current systems. Describe the parameters of the proposed concept (e.g., manufacturing approach, operations concept, synergy with a complementary commercial program, production and flight rate benefits) which have the most significance in reducing recurring costs. Discuss the sensitivity of the proposed concept to changes in the parameters identified (positive and negative) and the expected impact in terms of low, moderate, or high.

3.1.1.6 Address the plan to interface with commercial satellite manufacturers who are potential users of the EELV system to understand their requirements and to determine how those requirements can be melded with Government requirements to maximize cost reduction of the EELV system. Explain the approach for ongoing communications with this potential customer and the proposed manner to present to the Government the synergistic opportunities which may arise.

3.1.2 SECTION 2 - MANUFACTURING APPROACH

3.1.2.1 Describe how manufacturing is integrated into the design for the proposed system to achieve a lower LCC. Describe any demonstrations necessary to validate how the proposed manufacturing improvements will lead to lower LCC.

3.1.2.2 Describe the proposed key manufacturing and quality processes and any potential alternatives. Discuss how these processes will ensure improved repeatability and reduce costs.

3.1.2.3 Describe the proposed approach to system design and development and implementation of process controls which will significantly reduce or eliminate the production and acceptance of non-conformance items thus eliminating the need for Material Review Board (MRB).

3.1.2.4 Describe the approach for determining the Total Cost of Quality (including but not limited to, exempt labor and support, trouble shooting, and redesign costs) and the plan for reporting and reducing costs.

3.1.3 SECTION 3 - OPERATIONS

3.1.3.1 Address operations and support opportunities applicable to the proposed EELV concept which could contribute to significant cost reductions. Describe the cost drivers, and the approach that will be used to control these cost drivers for the total program.

3.1.4 SECTION 4 - PROGRAM EXECUTABILITY

3.1.4.1 Describe the approach for the development, integration, test and evaluation, and activation of the proposed system concept. Provide a top level total EELV program roadmap. As a minimum, this roadmap includes a summary of key events and significant accomplishments for the complete program (Section L, paragraph 1.7). Address the consistency of the funding profile identified in RFP Annex G with the proposed development program.

3.1.4.2 Describe planned teaming/subcontracting (major) arrangements for the conduct of the overall program through site activation and production. Discuss roles, responsibilities and overall management approach.

3.1.4.3 Present a strategy to transition from current ELV operations to a fully capable EELV system.

3.1.4.4 Discuss the plant capacity and infrastructure required to support development, test, and production of the proposed vehicle family. Identify the extent of existing and required additional capacity and discuss plans and schedules for acquiring the additional required capacity. Describe the plan to manage critical program resources and as appropriate, comply (RFP Annex I) on use of non-U.S. manufactured assets.

3.1.5 SECTION 5 - PROGRAM RISK AND MITIGATION

3.1.5.1 Identify, prioritize and address the significant internal and external total program risks (e.g., cost, schedule, performance, support, environmental impact and use of non-U.S. manufactured assets). Provide supporting rationale for the selection and prioritization of these tasks.

3.1.5.2 Present a plan for mitigating the risks identified. This will include, but is not limited to, planning, organizing and implementing a risk management program. Discuss any proposed analyses, tests, simulations, demonstrations, or other methods.

3.1.5.3 Explain how the interim and final results of risk mitigation will be clearly and concisely documented for each module and how the results will be incorporated into the total program development effort..

3.2 Volume II - Low Cost Concept Validation (LCCV) MODULE. This volume pertains to the LCCV Module effort:

3.2.1 SECTION 1 - PLANS AND PRODUCTS

3.2.1.1 Discuss how the implementation of the disciplines and processes as described in the ITAMP narratives will achieve LCCV Module objectives and establish a foundation to achieve the overall EELV program objectives.

3.2.1.2 Discuss why and how the tasks/events/significant accomplishments, to include trade studies and demonstrations, in the ITAMP are important to concept maturation and reducing program risk. Describe how these tasks/events/significant accomplishments will result in a design concept which reduces cost, while meeting schedule and performance requirements, and verify the viability of the proposed system.

3.2.1.3 Describe the metrics, or performance measures, used to track and control critical program parameters (e.g., critical design/performance characteristics in SPD Section 3, LCC).

3.2.1.4 Describe the proposed sensitivity analyses, the parameters and range of sensitivities to be addressed (including but not limited to production and flight rate), and the methods to be used for integrating the results into the systems engineering process.

3.2.1.5 Describe alternate approaches, or program adjustments, which could be pursued in the event that the proposed baseline approach does not prove to be viable or acceptable.
3.2.2 SECTION 2 - ORGANIZATION

3.2.2.1 Describe the proposed IPD framework and philosophy. Discuss the composition, authority and responsibility (in terms of cost, schedule and performance) of the Integrated Product Teams (IPTs). Describe how cross-IPT communication and issue resolution among IPTs at the same and different levels in the IPT structure will be facilitated to resolve critical issues.

3.2.2.2 Describe how the proposed organization will facilitate continuous Government insight, allowing the Government to relax its traditional oversight role. Describe how the approach provides timely results to facilitate Government insight into the Offeror's progress.

3.2.3 APPENDICES TO VOLUME II. Provide the following appendices to Volume II:

3.2.3.1 APPENDIX II-A, INTEGRATED MASTER SCHEDULE (IMS). The Offeror shall provide an IMS for the LCCV Module. The IMS is an Offeror-generated document that shows the calendar schedules necessary to achieve each Event and Significant Accomplishment described in the ITAMP. The IMS shall be constructed to align with ITAMP sections and subsections.

3.2.3.2 APPENDIX II-B, KEY PERSONNEL RESUMES. The Offeror shall identify and provide resumes for key personnel.

3.2.3.3 APPENDIX II-C, ITAMP CROSS REFERENCE MATRIX. The Offeror shall provide an ITAMP Cross-Reference Matrix, using the format provided in RFP Annex B, which shows direct traceability from the SPD, WBS, GLO, and CDRLs to the ITAMP Tasks.

3.3 VOLUME III - LCCV CONTRACT AND DOCUMENTATION. The Offeror shall provide a signed hardcopy of all proposal documentation including Standard Form 33, Model Contract (with appropriate data provided where requested in Sections B through J), Representations and Certifications, and any other documentation required by this Request For Proposal (e.g., GFP/Base Support Permission Slips). This copy must be clearly marked as containing the originals.

3.3.1 ATTACHMENTS TO MODEL CONTRACT. Provide the following attachments to the Model Contract:

3.3.1.1 ATTACHMENT 1 - System Performance Document (SPD). The SPD is provided as RFP Annex C. The Offeror shall attach the SPD with the Requirements Verification Matrix completed.

3.3.1.2 ATTACHMENT 2 - WORK BREAKDOWN STRUCTURE (WBS) DICTIONARY. The Offeror shall prepare a WBS dictionary including a tree diagram using the WBS information provided in RFP Annex D.

3.3.1.3 ATTACHMENT 3 - INTEGRATED TASK AND MANAGEMENT PLAN (ITAMP). The Offeror shall prepare an ITAMP for the Low Cost Concept Validation Module using the instructions provided in RFP Annex A.

3.3.1.4 ATTACHMENT 4 - SMALL BUSINESS SUBCONTRACTING PLAN AND SMALL DISADVANTAGED BUSINESS CONCERNS, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND MINORITY INSTITUTIONS. Submit a Subcontracting Plan meeting the requirements of Contract Clauses, FAR 52.219-9, DFARs 252.219-7003, and 252.219-7005.

3.3.1.5 ATTACHMENT 5 - RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE. This attachment refers to mandatory clause DFARs 252.227-7013, whose purpose is to indicate the Government's specific rights to all data delivered under this contract. All data which the Offeror proposes to deliver with other than unlimited rights, and the rights with which it proposes to tender the data (e.g., limited rights, Government-purpose license rights, etc.) must be listed in this attachment. If the Offeror notifies the Government that technical data may be delivered with other than unlimited rights, the notice must be accompanied by the representation at DFARs 252.227-7013(j) and be included with Attachment 5. The attachment shall also include the following information: 1) name of party claiming rights (prime/subcontractor), 2) type of items, components, processes or computer software, 3) description of technical data or computer software, 4) type of Government right restrictions.

3.3.1.6 ATTACHMENT 6 - GOVERNMENT FURNISHED PROPERTY (GFP). Submit to the Government a list of any GFP, Special Tooling and/or Test Equipment currently on hand or needed in performance of the LCCV module effort at the prime or subcontract level. The GFP listing shall be segregated as follows: ATCH 6A - Special Tooling and Test Equipment, and ATCH 6B - Government Furnished Property (Other). If no GFP is required, so state. In accordance with FAR Part 45, Attachment 6 shall contain the following information:

ATCH 6A SPECIAL TOOLING AND TEST EQUIPMENT (ST and STE):
1) name, identification number and nomenclature, 2) acquisition cost, 3) age (If known), 4) quantity required, 5) dates required, 6) contract number under which the ST and STE are currently accountable, and 7) current location.

ATCH 6B GOVERNMENT FURNISHED PROPERTY (OTHER):
1) name, items national stock number and nomenclature, 2) acquisition cost, 3) age (if known), 4) quantity required, 5) dates required, 6) contract number under which the GFP is currently accountable, and 7) current location.

Provide as Appendix III-F to Volume III written permission of the Contracting Officer or other person with authority to permit transfer of the property or its use on a non-interference basis.

It is the Offeror's responsibility to arrange for the use of Government test facilities and propellants. Government test facilities and propellants will not be Base Support or GFP on this contract and therefore shall not be included in Attachments 6 and 7.

3.3.1.7 ATTACHMENT 7 - BASE SUPPORT. Submit to the Government a list of all Base Support that is needed in performance of this effort at the prime or subcontract level. In accordance with FAR Part 45, show 1) service/property required, 2) where performed/located, and 3) dates required. The Offeror shall provide, as Appendix III-G to Volume III, written permission/authorization from the Base Commander having cognizance of the service/property. If "permission slips" are not obtained in time for inclusion with Offeror's proposal, then include proof of a good faith effort to obtain approval for use of the base support. If no base support is required, so state.

3.3.1.8 ATTACHMENT 8 - CONTRACT SECURITY CLASSIFICATION SPECIFICATION (DD FORM 254). The Offeror shall complete the TBDs and identify any proposed changes to the DD Form 254 provided in RFP Annex K.

3.3.1.9 EXHIBIT A - CONTRACT DATA REQUIREMENTS LIST (CDRL). The Government's minimum CDRL requirements are provided as RFP Annex F. The Offeror shall propose CDRL items in conjunction with the ITAMP. Block 5 on the DD Form 1423-1, Contract Reference, shall contain the appropriate ITAMP Task section reference. The Offeror may add to this list but not subtract from it. Rationale shall be provided for additions. The Offeror may use Data Item Descriptions (DID) listed in the current Acquisition Management Systems and Data Requirements Control List (AMSDL), DoD 5010.12-L. Contractor added DIDs may be tailored as applicable.

3.3.2 APPENDICES TO VOLUME III. Provide the following appendices to Volume III:

3.3.2.1 APPENDIX III-A, REPRESENTATIONS AND CERTIFICATIONS. (As per Section K in Model Contract)

3.3.2.2 APPENDIX III-B, EXCEPTIONS. Identify any exceptions taken to the terms and conditions of the RFP and Model Contract. The Offeror is asked to add as appropriate, at the end of each exception a statement substantially as follows: This offer (is) (is not) contingent upon acceptance of the exception.

3.3.2.3 APPENDIX III-C, AUTHORIZED REPRESENTATIVE. Provide the name, title, and telephone number and FAX number of the company/division point of contact and alternate regarding source selection decisions.

3.3.2.4 APPENDIX III-D, Acquisition Management Information System (AMIS) LETTER. Provide a letter stating that Air Force administrative procedures to accommodate the AMIS are acceptable and will not invalidate the proposal.

3.3.2.5 APPENDIX III-E, LOCATION INFORMATION. Provide name, street address, mailing address, zip code, county, size of business (large or small), and labor surplus area designation of all facilities performing over $1.0 million of effort on the contract. Indicate if facility is a division, affiliate, subcontractor or associate. If more than one place of performance is listed, indicate the percentage of work to be performed at each.

3.3.2.6 APPENDIX III-F, GFP WRITTEN PERMISSION SLIPS. (As per instructions in Section L-2, paragraph 3.3.1.6 - Attachment 6)

3.3.2.7 APPENDIX III-G, BASE SUPPORT PERMISSION SLIPS. (As per instructions in Section L-2, paragraph 3.3.1.7 - Attachment 7)
3.4 VOLUME IV - COST. This volume contains two sections: 1) Cost of LCCV module Contract and 2) Life Cycle Cost Estimate (LCCE) and Methodology. Section 1 pertains to the Offeror's proposed price for the LCCV Module Contract. Section 2 pertains to the Offeror's LCCE and Methodology for the total EELV program at the 50% Confidence Level (CL).

3.4.1 SECTION 1 - COST OF LCCV MODULE CONTRACT

3.4.1.1 COST OR PRICING DATA. It is anticipated pricing of this action will be based on adequate price competition; therefore, the Offeror is not required to submit certified cost or pricing data. However, if after receipt of proposals it is determined adequate price competition does not exist, certified cost or pricing data will be required. Refer to contract clause 5352.215.9009 (AFMC FAR Sup) for submission requirements.

3.4.1.2 ESTIMATING TECHNIQUES. When responding to the Cost Volume requirements in the RFP, the Offeror and its associated subcontractors may use any generally accepted estimating techniques, including contemporary estimating methods (such as Cost-to-Cost and Cost-to-Non-Cost Estimating Relationships (CERs); commercially available parametric cost models; in-house developed parametric cost models; etc.), to develop their cost estimates. Refer to DCAA Contract Audit Manual (CAM), Chapter 9-1000, Section 10 "Review of Parametric Cost Estimates," and FAR 15.804-6, Table 15-2 "Instructions for Submission of a Contract Pricing Proposal" for guidelines. If necessary, reasonable and supportable allocation techniques may be used to spread hours and/or cost to lower levels of the work breakdown structure (WBS). The Offeror's use or non-use of parametric estimating techniques for this proposal will not be a factor (positive or negative) in the evaluation of the Offeror's response to the RFP.

3.4.1.3 APPENDICES TO SECTION 1. (Information required in Appendices IV-A through IV-F pertains to the Offeror's proposed price for the LCCV Module.) Provide the following appendices to Volume IV, Section 1:

3.4.1.3.1 APPENDIX IV-A, COST SUMMARY. To evaluate the proposal for price realism, completeness, and reasonableness, the following information shall be submitted by each Offeror:

(1) A total proposed cost summary by major cost elements using the format shown below:
Description CLIN 0001
Direct Labor Hours:
Prime Contractor *
Subcontractors *
Interdivisional *
Total Direct Labor Hours *
Cost Element ($):
Direct Labor *
Labor Overhead *
Material *
Material Overhead *
Subcontracts *
Other Direct Costs *
Subtotal *
G&A *
Total Costs *
Facilities Capital Cost of Money (FCCOM) *
Profit *
Total Firm Fixed Price *

(2) Provide a matrix in the format shown below displaying the total direct labor hours proposed by each labor category. Prime Contractor, individual subcontractors, and interdivisional hours are to be separately identified. In addition, provide direct labor category classification statements to include minimum qualifications (education, training, experience, etc.) for each category of labor included in the matrix. The total direct labor hours reflected in this matrix must agree with the labor hours shown in the Cost Summary section above and in the person-loading appendix (Appendix IV-D).
LABOR CATEGORY PRIME SUB A SUB B INTER TOTAL
(All categories of labor)
Engineer A * * * * *
Engineer B * * * * *
Technician * * * * *
Draftsman * * * * *
Assembler * * * * *
Sr. Engineer * * * * *
etc. * * * * *

Grand Total * * * * *

(3) Submit funding requirements summarized by Government fiscal year, supported by projections of expenditures and commitments. The Offeror is to plan funding requirements in accordance with the dollar amounts specified in Funding Profile paragraph L.2.

(4) Introductory paragraphs/narratives, which summarize the content of Volume IV, Section 1, "Cost of LCCV Module Contract," may be provided in this appendix. Ground rules, assumptions, and any other relevant information used in developing the Offeror's proposed price may also be included in this appendix.

3.4.1.3.2 APPENDIX IV-B, CONTRACT DATA REQUIREMENTS. In support of the cost proposal, the Offeror must separately price each DD Form 1423-1 (CDRL) and document the result in the format prescribed below. This pricing is for evaluation purposes only because CLIN 0002 price will be included in CLIN 0001 price. The total price for individual CDRL items must include both prime and subcontractor costs. (NOTE: Refer to Blocks 17 and 18 on DD Form 1423-1).

ITEM 17, PRICE GROUP. The Offeror shall specify the appropriate price group from one of the following groups of effort in developing estimated prices for each data item listed on the DD Form 1423-1.

GROUP I DEFINITION. Data is not otherwise essential to the Contractor's performance of the primary contracted effort (production, development, testing, and administration) but which is required by the DD Form 1423-1.
ESTIMATED PRICE. Costs to be included under Group I are those applicable to preparing and assembling the data item in conformance with Government requirements, and the administration and other expenses related to reproducing and delivering such data items to the Government.

GROUP II DEFINITION. Data which is essential to the performance of the primary contracted effort, but the Contractor is required to perform additional work to conform to Government requirements with regard to depth of content, format, frequency of submittal, preparation, control, or quality of the data item.
ESTIMATED PRICE. Costs to be included under Group II are those incurred over and above the cost of the essential data item without conforming to Government requirements, and the administrative and other expenses related to reproducing and delivering such data items to the Government.

GROUP III DEFINITION. Data which the Contractor must develop for his internal use in performance of the primary contracted effort and does not require any substantial change to conform to Government requirements with regard to depth of content, format, frequency of submittal, preparation, control, and quality of the data item.
ESTIMATED PRICE. Costs to be included under Group III are the administrative and other expenses related to reproducing and delivering such data items to the Government.

GROUP IV DEFINITION. Data which is developed by the Contractor as part of his normal operating procedures and his effort in supplying these data to the Government is minimal.
ESTIMATED PRICE. Group IV items should normally be shown on the DD Form 1423-1 at no cost.

ITEM 18, ESTIMATED TOTAL PRICE. For each data item, enter an amount equal to the portion of the total price attributable to the production or development for the Government of that item of data. These estimated data prices shall be developed only from those costs which will be incurred as a direct result of the requirement to supply the data, over and above those costs which would otherwise be incurred in performance of the contract if no data were required. The estimated data prices shall not include any amount for rights in data. The Government's right to use the data shall be governed by the pertinent provisions of the contract.

CDRL PRICING FORMAT. Provide a table of CDRLs, sorted by CDRL Groups, using the following headings:

1. Sequence
Number
17. Price
Group
18. Estimated
Total Price

3.4.1.3.3 APPENDIX IV-C, SUBCONTRACTS/MATERIAL. Summarize the proposed probable subcontracts and interdivisional transfers showing (a) the supplier, (b) description of the item or service, (c) type of contract, (d) price and hours proposed by each, and (e) the price and hours included in the prime's proposal to the Government for each.

Provide a listing of major material items with an extended value of $25,000 or more indicating nomenclature, unit price, quantity, and extended value.

3.4.1.3.4 APPENDIX IV-D, PERSON-LOADING. Provide a breakout of the total proposed direct labor hours to at least the third level of the WBS summarized quarterly. These hourly requirements are to include (but separately identify) subcontractor and interdivisional transfer hours. Provide the labor estimating rationale (basis of estimate for the prime, each subcontractor, interdivisional transfer) in this appendix. All hours must agree with the hours reflected on the cost summary information provided for Appendix IV-A. Do not reflect any dollar amounts in this appendix.

3.4.1.3.5 APPENDIX IV-E, GOVERNMENT FURNISHED PROPERTY (GFP) COST INFORMATION. Each Offeror shall provide the estimated rental value of Government furnished property it proposes to use for the contract. The rental value of each item of Government production and research property (defined at FAR 45.201) shall be calculated in accordance with FAR 52.245-9. The rental value of other categories of Government furnished property shall be calculated in accordance with FAR 52.245-9 to maximum extent practicable; however, other equitable valuation methods may be used as appropriate. If no GFP is required, so state. Identify commercial alternatives (including cost and schedule impact) for each item listed in Attachment 6, in the event the Government cannot provide the item. Government test facilities will not be Base Support or GFP on this contract and therefore shall not be included in Attachments 6 and 7.

3.4.1.3.6 APPENDIX IV-F, BASE SUPPORT COST INFORMATION. Each Offeror shall furnish the estimated cost/rental value of each item of base support that it proposes to use on this contract, including copies of any written estimates from the base. Identify commercial alternatives (including cost and schedule impacts) for each item in Attachment 7 should the requested support be unavailable or "permission slips" be unobtainable.

3.4.2 SECTION 2 - LCCE AND METHODOLOGY

3.4.2.1 APPENDIX TO SECTION 2. Information required in Appendix IV-G pertains to the Offeror's LCCE and Methodology for the total EELV program. Provide the following appendix to Volume IV, Section 2.

3.4.2.2 APPENDIX IV-G, PROPOSAL LCCE AND METHODOLOGY. The Offeror shall prepare a total program LCCE and document it and the methodologies used in its development in accordance with the instructions provided in RFP Annex G. The planned EELV aggregate funding is presented in paragraph 3.4.2.3 for planning purposes. The Offeror shall ensure its LCCE is consistent with the effort proposed for the LCCV module and that the remaining top level development tasks necessary to meet the IOCs are identified in the program executability discussion.

The Appendix (Appendix IV-G) shall be provided in two sections. The first section shall include only the LCCE, which shall include only cost numbers, presented in spreadsheet format. The second section shall include only the narrative explanation and basis for costs included in the LCCE.
3.4.2.3 EELV AGGREGATE FUNDING. The following is the projected aggregate development funding, provided for information purposes. (Note: The funding is in then-year dollars and excludes funding for non-contract Government costs funded by the program office, e.g., SPO support.)

Total Program $1.85B (Contractor Development)

LCCV $120M (3 or 4 contracts)

Pre-EMD $130M (2 contracts)

EMD $1.6B (one contract), of which $400-600M is in FY98-01
3.5 VOLUME V- RELEVANT PAST/PRESENT PERFORMANCE

3.5.1 Each Offeror shall submit information relevant in demonstrating its ability to perform the proposed effort. This volume shall include information relevant to all evaluation areas. This information may include data on efforts performed by other divisions, corporate management, critical subcontractors or associates, if such resources will be brought to bear or significantly influence the performance of the proposed effort. For all prior efforts, including subcontractors and associates, provide the following information:

a. Company/Division Name
b. Program Title
c. Contracting Agency
d. Contract Number
e. A brief description of the contract effort, indicating development and/or production.
f. Type of contract
g. Period of performance
h. Original Contract $ Value and Current Contract $ value
i. Original Completion Date and Current Completion Date
j. Name, address and telephone number of current (or last if contract is completed) Government Program Director/Manager, Administrative Contracting Officer (ACO), and Procuring Contracting Officer (PCO)

3.5.2 The Offeror is required to explain what aspects of the prior efforts are deemed relevant to the proposed effort. The Offeror is also permitted, but not required, to submit information on significant achievements or explain past problems it considers relevant to the proposed effort. Categorize the relevant past/present performance information into the specific evaluation areas used to evaluate the proposal.

3.5.3 The Offeror is cautioned that the Government will use data provided by each Offeror in this Volume and any data obtained from other sources in the development of performance risk assessments.

3.5.4 Any related experience, special tools, or additional resources making the Offeror uniquely qualified to perform the total effort shall be described.
SECTION M

SECTION M - EVALUATION FACTORS FOR AWARD

(1) Pursuant to FAR 52.252-1, "SOLICITATION PROVISIONS INCORPORATED BY REFERENCE," the following provisions are incorporated herein by reference.

I. FEDERAL ACQUISITION REGULATION (1990 EDITION) (48 CFR CHAPTER 1) SOLICITATION PROVISIONS:

PARAGRAPH TITLE

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