NMD LSI - Request For Proposals

NATIONAL MISSILE DEFENSE LEAD SYSTEM INTEGRATOR CONCEPT DEFINITION REQUEST FOR PROPOSAL

FINAL LSI CD RFP (HQ0006-96-R-0016)

12 FEBRUARY 1997

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B-1 LINE ITEM DESCRIPTION

In accordance with this contract, the Contractor shall furnish all materials, labor, equipment and facilities, except as specified herein to be furnished by the Government, and shall do all that which is necessary or incidental to the satisfactory and timely performance of the following:

BASE PERIOD

CONTRACT

LINE ITEM

NO. (CLIN) SUPPLIES/SERVICES
QTY

UNIT

AMOUNT

0001 Develop and document an overall concept for the design, development, integration, test and evaluation, production, deployment, sustainment and disposal of an NMD System in accordance with the Statement of Objectives (SOO), Attachment 1, paragraph 2.1 and 2.3
1

LOT
NSP

0002 Data and reports for CLIN 0001
in accordance with the Contract Data Requirements Lists, Exhibit A.

1

LOT
$ TBD*

0003 Develop and document performance, schedule and cost implications of each GBI alternative and develop and document the design, development, test and evaluation, production and deployment approach for the selected GBI approach for the NMD in accordance with the SOO, Attachment 1, paragraph 2.2.
1

LOT
NSP

0004 Data and reports for CLIN 0003
1

LOT
$ TBD*

in accordance with the Contract Data Requirements Lists, Exhibit B.

* The $8 million contract price will be apportioned among CLINs at award.

B-2 CONTRACT TYPE

This is a Firm-Fixed-Price contract with a six-month period of performance.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 SCOPE OF WORK

The Contractor shall perform the work specified in the Statement of Objectives (SOO) dated January 10, 1997 and Attachments 1, 2, and 3 and Exhibits A and B in Section J of this contract, and shall provide any material, equipment, and facilities incidental to performance.

SECTION D - PACKAGING AND MARKING

D-1 REPORTS AND OTHER DELIVERABLES

a. The Contractor shall submit all reports and other deliverables in accordance with the delivery schedule set forth in Section F and the attached Contract Data Requirements Lists.

b. Reports delivered by the Contractor in the performance of the contract shall be considered "Technical Data," as defined in the Defense FAR Supplement (DFARS) 252.227-7013, "Rights in Technical Data -- Noncommercial Items."

c. Bulky reports shall be mailed by other than first-class mail unless the urgency of submission requires use of first-class mail. In this situation, one copy shall be mailed first-class and the remaining copies forwarded by less than first-class.

d. The following information shall be provided with all reports. However, if the report incorporates a Ballistic Missile Defense Organization (BMDO) logo or letterhead, this information will be provided on a severable cover sheet and not on the same sheet of paper as the BMDO logo or letterhead.

CONTRACT NUMBER NAME OF CONTRACTOR

CONTRACT EXPIRATION DATE CONTRACTOR'S PROJECT

AND TOTAL DOLLAR VALUE DIRECTOR AND PHONE NUMBER

SHORT TITLE OF CONTRACT WORK GOVERNMENT SPONSOR

e. All reports generated under this contract will contain the following disclaimer statement on the cover page:

"The views, opinions, and findings contained in this report are those of the author(s) and should not be construed as an official Department of Defense position, policy, or decision, unless so designated by other official documentation."

f. Except as provided by the Contract Data Requirements Lists, Exhibits A and B, and the Contract Security Classification Specification, DD Form 254, Attachment 2, the distribution of any contract report in any stage of development or completion is prohibited without the approval of the Contracting Officer or the Contracting Officer's Technical Representative (COTR).

SECTION E - INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

a. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. TITLE DATE

52.246-4 Inspection of Services - Fixed-Price AUG 1996

b. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 2)

CLAUSE NO. TITLE DATE

252.246-7000 Material Inspection and Receiving Report DEC 1991

E-2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance of the work called for herein shall be performed by BMDO, Code TR/R.

SECTION F - DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. TITLE DATE

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

52.232-32 Performance-Based Payments OCT 1995

F-2 DELIVERY SCHEDULE/PERIOD OF PERFORMANCE

The Contractor shall accomplish the work required by CLINs 0001 and 0003 during the six month period after the effective date of the contract. Deliveries of items applicable to CLINs 0002 and 0004 shall be in accordance with the Contract Data Requirements Lists, Exhibits A and B. The following are key dates in the procurement:

Award LSI CD Phase Contract Day 0

TIMs 2-7 DAC

GBI Alternatives Evaluation (CDRL B001) 60 DAC

IPR 90-93 DAC

GBI Alternative Recommendations (CDRL B002) 115 DAC

LSI Proposal Instructions to Offerors 90 DAC

Contractor Submits T&E Data (CDRL A0007) 140 DAC

Contractor Submits Draft IMP (CDRL A001) 150 DAC

Contractor Submits Draft IMS (CDRL A002) 150 DAC

Data Accession List (CDRL A005) 150 DAC

Contractor Submits Final IMP (CDRL A001) 210 DAC

Contractor Submits Final IMS (CDRL A002) 210 DAC

Contractor Submits Life Cycle Cost Report/CARD 180 DAC

(CDRL A003)

Initial Data Accession List (CDRL A005) 150 DAC

Final Data Accession List (CDRL A005) 180 DAC

Conference Management (CDRL A004) As Required

Updates to Acquisition Documents (CDRL A006) 180 DAC

Contractor Submits Treaty Compliant NMD 180 DAC

Architecture Performance Analysis (CDRL A008)

LSI Proposals Submitted 130 DA RFP

LSI Contract Award 145 DA Receipt

of Proposals

(Note: The IPR date is notional. Winning Contractors will be able to negotiate with the Government on the IPR process. However, if there is only a single IPR it should occur no earlier than the 80 DAC time frame.)

F-3 PERFORMANCE-BASED PAYMENT SCHEDULE

a. Pursuant to FAR 32.1004, the Contractor shall receive payment in accordance with the following:

PAYMENT

CDRL DESCRIPTION AMOUNT*

B001 Ground Based Interceptor (GBI) TBD

Alternatives Evaluation

B002 GBI Alternatives Recommendation TBD

A001 NMD Integrated Master Plan (IMP) TBD

A002 Integrated Master Schedule (IMS) TBD

A003 NMD System Life Cycle Cost TBD

Analysis, ISA, and CARD

* To be established by the Government and paid upon final acceptance by the Government in accordance with the corresponding DD Form 250.

b. In accordance with FAR 32.1004, the above payment schedule represents 90% of the total price of the items to be delivered. The remaining, final 10% of the contract price will be available for payment upon completion of the contract. Approval of all payments will be by the Contracting Officer in accordance with FAR 32.1007, including the final payment.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 CONTRACT ADMINISTRATION

Administration of this contract will be performed by the cognizant office indicated on the cover page of the award document. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers.

G-2 IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the Contractor under this contract shall reference the contract number.

G-3 TAXPAYER IDENTIFICATION NUMBER (TIN)

The Contractor's TIN is _________. This number shall appear in the space identifying the Contractor in the appropriate blocks of contract forms and billing submittals.

G-4 PATENT INFORMATION

Patent information in accordance with FAR 52.227-12, "Patent Rights -- Retention by the Contractor (Long Form)," shall be forwarded through the Procuring Contracting Officer to:

Office of the Secretary of Defense

Ballistic Missile Defense Organization

7100 Defense Pentagon, BMDO/DGC

Washington, D.C. 20301-7100

G-5 REMITTANCE ADDRESS

Payment of invoices furnished by the Contractor shall be sent to the following address:

______________________________________

The following information is provided pursuant to FAR 52.232-33, Mandatory Information for Electronic Funds Transfer Payment, Section I (if applicable):

______________________________________

G-6 ACCOUNTING AND APPROPRIATION DATA

a. CLINs 0001 & 0002

ACRN: AA

ACCT CLASS: TBD

AMOUNT: TBD

TOTAL ACRN: TBD

b. CLINs 0003 & 0004

ACRN: AB

ACCT CLASS: TBD

AMOUNT: TBD

TOTAL ACRN: TBD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

CLAUSE TITLE PAGE

H-1 PHASED PROCUREMENT USING COMPETITIVE DOWN SELECTION PROCEDURES 11

H-2 INSURANCE 11

H-3 PUBLIC RELEASE OF INFORMATION 12

H-4 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) 13

H-5 ENABLING CLAUSE FOR NMD INTERFACE SUPPORT 16

H-6 ASSOCIATE CONTRACTOR RELATIONSHIP 17

H-7 TECHNICAL INTERCHANGE MEETINGS (TIMs) AND IN PROCESS

REVIEWS (IPRs) 17

H-8 BMDO VISIT AUTHORIZATION PROCEDURES 18

H-9 ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENT 18

H-10 COORDINATION WITH OTHER GOVERNMENT AGENCIES 19

H-11 ABM TREATY COMPLIANCE 19

H-12 CHANGES OF ADDRESS OR QUANTITIES FOR DATA SUBMISSIONS 20

H-1 PHASED PROCUREMENT USING COMPETITIVE DOWN-SELECTION

PROCEDURES

a. This Concept Definition (CD) contract is the first phase of a two phase competitive acquisition of a National Missile Defense (NMD) Lead System Integrator (LSI) including:

integration and prototype development and testing; maintaining a deployment capability; and continued system development towards an objective system. A subsequent single award will be made for the LSI phase in which the contractor will perform as the NMD Lead System Integrator.

b. The CD phase deliverables will be considered in the competition for the LSI phase. The award criteria for the LSI phase will include the successful completion of CD contract requirements.

c. The Government intends to establish a dialog with industry for the LSI down-select. An LSI draft SOO, RFP provisions, and evaluation criteria will be posted to the LSI Home Page and the BMDO Acquisition Reporting Bulletin Board (BARBB). CD Phase contractors will be expected to participate in the development of the LSI SOO, evaluation criteria, and solicitation provisions by submitting constructive comments and recommendations.

d. The LSI phase proposal is not a deliverable item under this contract. Instead, LSI phase proposals will be requested from the CD contractors by the Contracting Officer. The request for proposals will be issued at approximately 90 days after award of the CD contract. The RFP will specify the due date for proposals for the LSI phase and provide all information for preparation of LSI phase proposals, including the final evaluation criteria and factors. It is anticipated that all CD contractors will submit an LSI proposal.

e. The projected schedule for conducting the LSI phase down-select is provided below, but is subject to change and does not commit the Government to complete a particular action at a given time.

LSI Phase Request for Proposals - 90 days after CD contract

award

LSI Phase Proposals due - 130 days after RFP

LSI Award - 145 days after receipt of proposals

H-2 INSURANCE

The Contractor shall maintain the types of insurance and coverage listed below:

TYPES OF INSURANCE MINIMUM AMOUNT

Workmen's Compensation and all occupational disease As required by State law

Employer's Liability including
all occupational disease when
not covered by Workmen's Compensation above
$100,000 per
accident

General Liability (Comprehensive)
Bodily Injury per occurrence
$500,000

Automobile Liability (Comprehensive)
Bodily Injury per person
Bodily Injury per accident
Property Damage per accident
$200,000
$500,000
$ 20,000

H-3 PUBLIC RELEASE OF INFORMATION

a. The policies and procedures outlined herein apply to information submitted by the Contractor and his subcontractors for approval for public release. Prior to public release, all information shall be cleared as shown in the "National Industrial Security Program Operating Manual" (DoD 5220.22-M).

b. All public information materials prepared by the Contractor shall be submitted to the BMDO (see paragraph e. below) for clearance prior to release. These materials include, but are not limited to, technical papers, and responses to news queries which relate to a Contractor's work under this contract.

c. However, once information has been cleared for public release, it does not have to be cleared again for later use. The information shall be used in its originally cleared context.

d. The BMDO Director for External Affairs is responsible for processing Contractor-originated material for public release.

e. All material to be cleared shall be sent to:

Office of the Secretary of Defense

Ballistic Missile Defense Organization

7100 Defense Pentagon, BMDO/SRE

Washington, DC 20301-7100

Subcontractor proposed public releases shall be submitted for approval through the prime Contractor.

f. The Contractor shall submit the material proposed for public release to the above addressee by a letter of transmittal which states: (1) to whom the material is to be released; (2) the desired date for public release; (3) that the material has been reviewed and approved by officials of the Contractor, or the subcontractor, for public release; and (4) the contract number and the applicable COTR.

g. Two (2) copies of each item, including written material, photographs, drawings, "dummy layouts" and the like shall be submitted at least six (6) weeks in advance of the proposed release date.

h. The items submitted must be complete. Photographs shall have captions.

i. Abbreviated materials or abstracts may be submitted if the intent is to determine the feasibility of going further in preparing a complete paper for clearance. However, final approval for release or disclosure of the material cannot be given on the basis of abstracts.

j. Outlines or rough drafts will not be cleared.

k. Materials submitted to BMDO for release purposes shall be void of all Contractor logos or other attributions to the Contractor.

H-4 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

a. Purpose: The primary purpose of this clause is to aid in ensuring that:

(1) the Contractor's scientific objectivity and judgment are not biased because of its present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to work under this contract;

(2) the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public Government information regarding the Government's program plans and actual or anticipated resources;

(3) the Contractor does not obtain any unfair competitive advantage by virtue of its access to proprietary information belonging to others; and

(4) all CD phase contractors have equal access to data in the Contractor's possession in which the Government has or, upon delivery, will have unlimited rights under the various element contracts ("Government data").

b. Scope: The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as prime Contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. The term "proprietary information" for purposes of this clause is any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

(1) Preparing specifications or work statements: FAR 9.505-2(a)(3) provides that: In development work, it is normal to select firms that have done the most advanced work in the field. These firms can be expected to design and develop around their own prior knowledge. Development contractors can frequently start production earlier and more knowledgeably than firms that did not participate in the development, and this can affect the time and quality of production, both of which are important to the Government. In many instances the Government may have financed the development. Thus while the development contractor has a competitive advantage, it is an unavoidable one that is not considered unfair; hence no prohibition should be imposed.

However, there remains the potential for key element contractors to enter into a teaming agreement that might limit the ability of other potential offerors to obtain access to Government data developed under element contracts. While the Government recognizes that teaming may be beneficial to meeting the Government's acquisition goals, relationships that preclude access to element level information could severely limit competition for the NMD LSI acquisition. In order to maximize competition for the CD phase and, therefore the government's potential for receiving an optimal number of NMD concepts for consideration, NMD element contractors are precluded from establishing exclusive arrangements for the CD phase of the acquisition that would limit competition by excluding other potential offerors access to Government data.

Teaming contractors are required to share non-proprietary data and related information on the elements under their cognizance gained at government expense with other qualified potential LSI contractors. These elements include the Ground Based Radar-Prototype (GBR-P), the Battle Management, Command, Control, and Communications (BMC3) element, and two alternative Exoatmospheric Kill Vehicles (EKV). In order to provide for fair and equitable competition and to mitigate potential OCIs associated with their prior work and experience with these elements, the respective element contractors have agreed to provide all legitimate offerors competing in the Concept Definition phase of the LSI acquisition with available Government data and limited technical support relating to the element under their cognizance.

TRW (SE&I) has agreed that the TRW employees who are working in the program office located in Rosslyn, Virginia, responsible for NMD Systems Engineering on or after the date of the issuance of the final CD phase RFP will be isolated and ineligible to participate in the CD phase. While element contractors will provide limited technical support to the CD contractors, element contractors will not be restricted in establishing teaming arrangements for the CD phase or the LSI phase down-selection. In addition, both TRW and Raytheon have agreed to negotiate, in good faith, subcontractor relationships with the selected LSI phase contractor to provide the BMC3 and GBR elements of the LSI phase contract, no matter who is selected.

(2) Access To and Use of Government Information: If the Contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, (b) compete for work, other than the LSI contract, based on such information after the completion of this contract, or until such information is released or otherwise made available to the public, whichever occurs first, (c)submit an unsolicited proposal to the Government which is based on such information after such information is released or otherwise made available to the public, or (d) release such information unless such information has previously been released or otherwise made available to the public by the Government.

(3) Access To and Protection of Proprietary Information: The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business, or financial information (hereinafter referred to as "proprietary data") under this contract, it shall treat such information in accordance with any restrictions imposed on such information. The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure. In addition, the Contractor shall obtain from each employee who has access to proprietary data under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in connection with the work under this contract. The Contractor will educate its employees regarding the philosophy of Part 9.505-4 of the Federal Acquisition Regulation so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

c. Subcontracts: The Contractor shall include this or substantially the same clause, including this paragraph, in consulting agreements and subcontracts of all tiers. The terms "Contract", "Contractor", and "Contracting Officer", will be appropriately modified to preserve the Government's rights.

d. Disclosures: If the Contractor discovers an organizational conflict of interest or potential conflict of interest after award, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall be made on the OCI Analysis/Disclosure Form provided at Attachment 3 to the contract, and shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts.

e. Remedies and Waiver:

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the Director, BMDO, (via the Contracting Officer) by submitting a full written description of the requested waiver and the reasons in support thereof.

a. Modifications: Prior to contract modification, when the SOO is changed to add new work or the period of performance is significantly increased, the Contracting Officer may require the Contractor to submit either an organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

H-5 ENABLING CLAUSE FOR NMD INTERFACE SUPPORT

a. It is anticipated that, during the performance of this contract, the Contractor may be required to support meetings with other BMD Contractors and other Government agencies. Appropriate organizational conflict of interest agreements will be negotiated, by the Contractor, as needed to protect the rights of the Contractor and the Government.

b. The Contractor further agrees to include a clause in each subcontract requiring compliance with the provisions of paragraph a. above, subject to coordination with the prime Contractor. This agreement does not relieve the Contractor of its responsibility to manage its subcontracts effectively, nor is it intended to establish privity of contract between the Government and such subcontractors.

c. Personnel from BMD Contractors or other Government agencies or Contractors are not authorized to direct the Contractor in any manner.

d. This clause shall not prejudice the Contractor or its subcontractors from negotiating separate organizational conflict of interest agreements with BMD Contractors; however, these agreements shall not restrict any of the Government's rights established pursuant to this clause.

H-6 ASSOCIATE CONTRACTOR RELATIONSHIP

In performance of its responsibilities for the NMD program as described elsewhere in this contract, the "contractor" shall enter into agreements with any NMD element prime contractors and other contractors deemed appropriate to perform this contract to facilitate timely exchanges of information necessary to the performance of this contract. The agreements shall hold the Government harmless from liability for the unauthorized disclosure by the contractor of associate contractor proprietary information.

H-7 TECHNICAL INTERCHANGE MEETINGS (TIMs) AND IN PROCESS REVIEWS (IPRs)

a. Continued information exchange between the contractor and the Government is critical to the success of the LSI effort. During the CD Phase, the contractor shall participate in information exchanges as follows:

1. The contractor shall attend Technical Interchange Meetings (TIMs) to convey general, technical and management information relevant to the contract objectives. TIMs will include participating Government organizations, facilities, and element contractors. The Government will organize the TIMs.

2. The contractor shall hold one formal In Process Review (IPR) with the Government. The contractor shall present results of the ongoing development and report on contract performance at the IPR.

b. Current plans call for TIMs to take place in the Washington, D.C. area, Hill AFB UT, and Huntsville AL. These meetings will address program requirements, element status, and facilities and resources available to the LSI. An additional TIM will take place at a site visit to Grand Forks ND. All CD Phase contractors will attend all TIMs. The TIMs will occur during the first few weeks of the contract. The Government will organize and present the TIMs. The Government will allow one hour at the first TIM for each contractor to present competition sensitive data to the Government.

c. The Government expects each contractor to hold an IPR in the Washington area. Notional contents of the IPR are as follows:

(1) Overview of the Team

(2) Status of Effort

(3) Results of GBI Configuration Analysis

(4) Overview of NMD Planning

d. Contractors may present additional technical topics deemed relevant to the Government's understanding of their approach. The Government will provide a technical review at the conclusion of the IPR. This review will only address concerns with the technical material presented.

H-8 BMDO VISIT AUTHORIZATION PROCEDURES

a. The Contractor shall submit all required visit clearances in accordance with Defense Investigative Service Contractor Office regulations and will forward all visit requests, identifying the contract number, to:

Office of the Secretary of Defense

Ballistic Missile Defense Organization

7100 Defense Pentagon, BMDO/ACC

Washington, D.C. 20301-7100

Phone No.:(703)695-8048 FAX No.:(703)693-1526

b. The Contracting Officer's Technical Representative is authorized to approve visit requests for the Contracting Officer.

H-9 ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENT

Title to all source data and materials furnished by the Government shall remain with the Government upon completion of this contract. Title to all plans, systems analyses, reports and listings, and all other items pertaining to the work and services to be performed and delivered under this contract are considered to be "developed exclusively with government funds" as defined in DFARS 252.227-7013 (a)(8) for which the Government shall have "unlimited rights" as provided for in DFARS 252.227-7013(b)(1). The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor. The Government shall have access to and the right to make copies of the above mentioned items. However, nothing in this clause shall take precedence over the respective rights of

the Government or the Contractor under the Section I clause of this contract titled, "Rights in Technical Data - Noncommercial Items" (DFARS 252.227-7013).

H-10 COORDINATION WITH OTHER GOVERNMENT AGENCIES

In the performance of this contract, it may be necessary for the Contractor to visit Government agencies to discuss aspects of the work performed under this contract. The designated COTR(s) will approve visit requests and coordinate visits to Government activities in conjunction with this contract.

H-11 ABM TREATY COMPLIANCE

Compliance with the ABM Treaty will not be a criterion for evaluation of a bid on the Concept Definition (CD) contract or for the Lead System Integrator (LSI) contract award. If an NMD system is deployed, it may well require amendment of the ABM Treaty. Unless otherwise explicitly authorized, however, the development of the proposed NMD system must comply with all provisions of the ABM Treaty. An NMD system which if deployed would require amendment to the ABM Treaty can be developed in compliance with the ABM Treaty. Limitations on development include:

a. Field testing of any component (ABM interceptor missile, ABM radar, ABM launcher) must take place at declared ABM test ranges. Currently the Government has two declared ABM test ranges, White Sands Missile Range and Kwajelein Missile Range. Additional ranges may be declared under the ABM Treaty. In the event the CD Phase contractor's development plan (IMP) calls for additional ranges or modifications to existing ranges, specific requirements and justifications should be included in CDRL A007 and in the LSI Phase proposal.

b. ABM systems or components (ABM interceptor missiles, ABM radars, ABM launchers) which are sea-based, air-based, space-based, or mobile land based will not be field tested.

c. ABM launchers capable of launching more than one ABM interceptor missile at a time or having a rapid reload capability will not be field tested.

d. ABM interceptor missiles with more than one independently guided warhead will not be field tested.

e. Field testing must not give non-ABM missiles, launchers, or radars capabilities to counter strategic ballistic missiles or their elements in flight trajectory or test them in an ABM mode. Modifications to existing configurations of non-ABM missiles, launchers, or radars could make their use in NMD development treaty compliant.

Regarding booster options: the Government will conduct a treaty compliance review following receipt of the trade studies. The Contracting Officer will provide timely guidance to the CD Phase contractors prior to their submission of GBI recommendations.

Regarding upgrades to existing Early Warning Radars and forward based radars: the Government will conduct a treaty compliance review of the CD Phase contractor's draft test plans. If necessary, the Contracting Officer will provide timely guidance to CD Phase contractors prior to their submission of an LSI Phase program plan.

Treaty application and interpretation are governmental functions. As needed, the Government will provide treaty guidance supplementing the above throughout the execution of both the CD and the LSI contracts. CD Phase contractors will request treaty guidance in writing from the Contracting Officer. The Government will ensure that any substantive treaty guidance is provided to every CD Phase contractor without compromising the competition. The Government's goal is to assist every CD Phase contractor in proposing a treaty compliant development program.

H-12 CHANGES OF ADDRESS OR QUANTITIES FOR DATA SUBMISSIONS

From time to time the Government may make changes in office symbols, add or delete addressees, or change quantities of data items in the Contract Data Requirements List (CDRL). It is expressly agreed by the Government and the Contractor that all addressee changes shall be accomplished by administrative notice issued by the Contracting Officer at no change in the contract price. It is further agreed that all additions or deletions shall be accomplished by administrative notice issued by the Contracting Officer at no change in the contract price, provided that any increase(s) or decrease(s) in individual data items does not exceed the greater of fifty percent (50%) of the total quantity then called for in that data item or a quantity of two (2).

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

a. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. TITLE DATE

52.202-1 Definitions OCT 1995

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government OCT 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997

52.203-7 Anti-Kickback Procedures JUL 1995

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JAN 1990

52.204-2 Security Requirements AUG 1996

52.204-4 Printing/Copying Double-Sided on Recycled Paper JUN 1996

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment JUL 1995

52.211-15 Defense Priority and Allocation Requirements SEP 1990

52.215-2 Audit and Records--Negotiation JAN 1997

52.215-23 Price Reduction for Defective Cost or Pricing Data -- Modifications OCT 1995

52.215-25 Subcontractor Cost or Pricing Data -- Modifications OCT 1995

52.215-27 Termination of Defined Benefit Pension Plans MAR 1996

52.215-33 Order of Precedence JAN 1986

52.215-39 Reversion or Adjustment of Plans For Post-Retirement Benefits Other Than Pensions (PRB) MAR 1996

52.215-40 Notification of Ownership Changes FEB 1995

52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications Alternate III JAN 1997
OCT 1995

52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns OCT 1995

52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan
Alternate II
AUG 1996
MAR 1996

52.219-16 Liquidated Damages-Subcontracting Plan OCT 1995

52.222-3 Convict Labor AUG 1996

52.222-26 Equal Opportunity APR 1984

52.222-28 Equal Opportunity Preaward Clearance of Subcontracts APR 1984

52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans APR 1984

52.222-36 Affirmative Action for Handicapped Workers APR 1984

52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era JAN 1988

52.223-2 Clean Air and Water APR 1984

52.223-6 Drug-Free Workplace JAN 1997

52.223-13 Certification of Toxic Chemical Release Reporting OCT 1996

52.223-14 Toxic Chemical Release Reporting OCT 1996

52.225-11 Restrictions on Certain Foreign Purchases OCT 1996

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises SEP 1996

52.227-1 Authorization and Consent
Alternate I
JUL 1995
APR 1984

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement AUG 1996

52.227-10 Filing of Patent Applications - Classified Subject Matter APR 1984

52.227-12 Patent Rights--Retention by the Contractor (Long Form) JAN 1997

52.229-3 Federal, State, and Local Taxes JAN 1991

52.230-2 Cost Accounting Standards APR 1996

52.230-3 Disclosure and Consistency of Cost Accounting Practices APR 1996

52.230-6 Administration of Cost Accounting Standards APR 1996

52.232-1 Payment APR 1984

52.232-8 Discounts for Prompt Payment APR 1989

52.232-9 Limitation on Withholding of Payments APR 1984

52.232-17 Interest JUN 1996

52.232-23 Assignment of Claims JAN 1986

52.232-25 Prompt Payment MAR 1994

52.232-33 Mandatory Information for Electronic Funds Transfer Payment AUG 1996

52.233-1 Disputes
Alternate I
OCT 1995
DEC 1991

52.233-3 Protest After Award AUG 1996

52.242-4 Certification of Indirect Costs JAN 1997

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed-Price
Alternate V
AUG 1987
APR 1984

52.244-1 Subcontracts (Fixed-Price Contracts) FEB 1995

52.244-6 Subcontracts for Commercial Items and Commercial Components OCT 1995

52.245-2 Government Property (Fixed-Price Contracts) DEC 1989

52.246-25 Limitation of Liability - Services APR 1984

52.249-2 Termination for Convenience of the Government (Fixed-Price) SEP 1996

52.249-8 Default (Fixed Price Research and Development) APR 1984

52.253-1 Computer Generated Forms JAN 1991

b. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 2

CLAUSE NO. TITLE DATE

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Statutory Prohibitions on Compensation to Former Department of Defense Employees NOV 1995

252.203-7001 Special Prohibition on Employment NOV 1995

252.203-7002 Display of DoD Hotline Poster DEC 1991

252.204-7000 Disclosure of Information DEC 1991

252.204-7003 Control of Government Personnel Work Product APR 1992

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material (Insert "The Contractor shall identify their requirements when the need is known" in paragraph (b)) DEC 1991

252.209-7000 Acquisition From Subcontractors Subject to On-site Inspection Under the Intermediate-Range Nuclear Forces (INF) Treaty NOV 1995

252.209-7004 Reporting of Commercial Transactions With the Government of a Terrorist Country SEP 1994

252.215-7000 Pricing Adjustments DEC 1991

252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) APR 1996

252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities, and Minority Institutions NOV 1995

252.223-7004 Drug-Free Work Force SEP 1988

252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials APR 1993

252.225-7012 Preference for Certain Domestic Commodities NOV 1995

252.225-7025 Foreign Source Restrictions APR 1993

252.225-7026 Reporting of Contract Performance Outside the United States NOV 1995

252.225-7031 Secondary Arab Boycott of Israel JUN 1992

252.227-7013 Rights in Technical Data - Noncommercial Items NOV 1995

252.227-7016 Rights in Bid or Proposal Information JUN 1995

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends JUN 1995

252.227-7030 Technical Data - Withholding of Payment OCT 1988

252.227-7036 Certification of Technical Data Conformity MAY 1987

252.227-7037 Validation of Restrictive Markings on Technical Data NOV 1995

252.232-7006 Reduction or Suspension of Contract Payments Upon Finding of Fraud AUG 1992

252.233-7000 Certification of Claims and Requests for Adjustment or Relief MAY 1994

252.242-7000 Postaward Conference DEC 1991

252.243-7001 Pricing of Contract Modifications DEC 1991

252.245-7001 Reports of Government Property MAY 1994

252.247-7023 Transportation of Supplies by Sea NOV 1995

252.247-7024 Notification of Transportation of Supplies by Sea NOV 1995

252.251-7000 Ordering From Government Supply Sources MAY 1995

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Contract Data Requirements List (CDRL)

EXHIBIT A CDRL Instructions, NMD LSI Concept Definition

CDRL, and General Contract CDRL (16 pages, dated 10 Jan 1997)

EXHIBIT B NMD LSI Concept Definition CDRL for GBI Analysis (6 pages, dated 10 Jan 1997)

ATTACHMENT 1 Statement of Objectives: "Statement of

Objectives for NMD Lead System Integrator Concept Definition" (7 pages, including

attachments, dated 10 Jan 1997)

ATTACHMENT 2 Contract Security Classification Specification (DD Form 254, 6 pages, dated 10 Jan 1997)

ATTACHMENT 3 OCI Analysis/Disclosure Form

PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

CLAUSE TITLE PAGE

K-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988) 29

K-2 FAR 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) 29

K-3 FAR 52.204-5 WOMEN OWNED BUSINESS (OCT 1995) 31

K-4 FAR 52.204-6 CONTRACTOR IDENTIFICATION NUMBER-DATA

UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 1996) 31

K-5 FAR 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) 32

K-6 FAR 52.215-6 TYPE OF BUSINESS ORGANIZATION

(JUL 1987). 33

K-7 FAR 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984) 34

K-8 FAR 52.215-20 PLACE OF PERFORMANCE (APR 1984) 34

K-9 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION

(JAN 1997) 35

K-10 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE

REPORTS (APR 1984) 37

K-11 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE

(APR 1984) 37

K-12 FAR 52.223-1 CLEAN AIR AND WATER CERTIFICATION

(APR 1984) 37

K-13 FAR 52.223-13 CERTIFICATION OF TOXIC CHEMICAL

RELEASE REPORTING (OCT 1996) 38

K-14 FAR 52.227-6 ROYALTY INFORMATION (APR 1984) 39

K-15 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES

AND CERTIFICATION (APR 1996) 39

CLAUSE TITLE PAGE

K-16 DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR

CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994) 42

K-17 DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (SEP 1994) 44

K-18 DFARS 252.209-7003 DISCLOSURE OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF A TERRORIST

COUNTRY (SEP 1994) 45

K-19 DFARS 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD CONTRACTS) (APR 1994) 46

K-20 DFARS 252.225-7018 NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RDT&E (MAY 1994) 48

K-21 DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992 ) 49

K-22 RESTRICTION ON DISPOSAL OF ACQUIRED PROPERTY 49

K-23 TECHNICAL DATA CERTIFICATION 50

K-24 SECURITY REQUIREMENTS FOR AUTOMATIC DATA PROCESSING (ADP) SYSTEMS 50

K-25 IDENTIFICATION OF CONGRESSIONAL DISTRICT 51

K-26 CONTRACT AUDIT 52

K-27 CONTRACT ADMINISTRATION 52

K-28 PAYING OFFICE 52

K-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available.

f. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. TITLE DATE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions APR 1991

52.209-7 Organizational Conflicts of Interest - Marketing Consultants OCT 1995

52.222-21 Certification of Nonsegregated Facilities APR 1984

b. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 2)

CLAUSE NO.
252.227-7028
TITLE
Technical Data or Computer Software Previously Delivered to the Government
DATE
JUN 1995

K-2 FAR 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. All Offerors are 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 FAR 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 _______________________________________

K-3 FAR 52.204-5 WOMEN-OWNED BUSINESS (OCT 1995)

a. Representation. The offeror represents that it__ is,__ is not a women-owned business concern.

b. Definition. "Women-owned business concern," as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

K-4 CONTRACTOR IDENTIFICATION NUMBER-DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 1996)

a. Contractor Identification Number, as used in this provision, means "Data Universal Numbering System (DUNS) number," which is a nine-digit number assigned by Dun and Bradstreet Information Services.

b. Contractor identification is essential for complying with statutory contract reporting requirements. Therefore, the offeror is requested to enter, in the block with its name and address on the Standard Form 33 or similar document, the annotation "DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offer.

c. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information:

3. Company name.

4. Company address.

5. Company telephone number.

6. Line of business.

7. Chief executive officer/key manager.

8. Date the company was started.

9. Number of people employed by the company.

10. Company affiliation.

d. Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.dbisna.com/dbis/customer/custlist.htm. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@dbisna. com.

K-5 FAR 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

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 3-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, tax evasion, 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 3-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 placed 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.

K-6 FAR 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 joint venture; or

b. If the Offeror or quoter is a foreign entity, it operates as ___ an individual, ___ a partnership, ___ a nonprofit organization, ___ a joint venture, or ___ a corporation, registered for business in ____________________ (country).

K-7 FAR 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 proposal or quotation: (list names, titles, and telephone numbers of the authorized negotiators).

NAME _______________________ TITLE ________________

TELEPHONE NUMBER: (____)_____________ EXT ________

NAME _______________________ TITLE ________________

TELEPHONE NUMBER: (____)_____________ EXT ________

K-8 FAR 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:

Place of Performance (Street Address, City, County, State, Zip Code) Name and address of Owner and Operator of the Plant or Facility if Other than Offeror or Quoter

K-9 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS

(JAN 1997)

a. (1) The standard industrial classification (SIC) code for this acquisition is 8731.

(2) The small business size standard is 1,000 people.

(3) 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.

b. Representations.

(1) The Offeror represents as part of its offer that it _____ is, _____ is not a small business concern.

(2) (Complete only if Offeror represented itself as a small business in block b.(1) of this section.) The Offeror represents as part of its offer that it _____ is, _____ is not a small disadvantaged business concern.

(3) (Complete only if Offeror represented itself as a small business concern in block b.(1) of this section.) The Offeror represents as part of its offer that it _____ is, _____ is not a women-owned small business concern.

a. Definitions. Joint venture, for purposes of a small disadvantaged business (SDB) set-aside or price evaluation preference (as prescribed at 13 CFR 124.321), is a concern that is owned and controlled by one or more socially and economically disadvantaged individuals entering into a joint venture agreement with one or more business concerns and is considered to be affiliated or size purposes with such other concern(s). The combined annual receipts or employees of the concerns entering into the joint venture must meet the applicable size standard corresponding to the SIC code designated for the contract. The majority of the venture's earnings must accrue directly to the socially and economically disadvantaged individuals in the SDB concern(s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 51 percent.

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 in 13 CFR Part 121 and the size standard in paragraph a. of this provision.

"Small disadvantaged business concern", as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is a least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more or these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124.

Women-owned small business concern, as used in this provision, means a small business concern --

(1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

d. 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 or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs 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 --

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

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

(iii) Be ineligible for participation in programs conducted under the authority or the Act.

K-10 FAR 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 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;

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

K-11 FAR 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 (41 CFR 60-1 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.

K-12 FAR 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 (EPA) 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 EPA, 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.

K-13 FAR 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)

a. Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.

b. By signing this offer, the offeror certifies that -

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract

the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or --

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable)

___ (i) The facility does not manufacture, process or otherwise use any toxic chemicals listed under section 313(c)of EPCRA, 42 U.S.C. 11023(c);

___ (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

___ (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

___ (iv) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in Section 19.102 of the Federal Acquisition Regulation; or

___ (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.

K-14 FAR 52.227-6 ROYALTY INFORMATION (APR 1984)

a. Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(1) Name and address of licensor.

(2) Date of license agreement.

(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable.

11. Brief description, including any part or model numbers of each contract item or component on which the royalty is payable.

(5) Percentage or dollar rate of royalty per unit.

(6) Unit price of contract item.

(7) Number of units.

12. Total dollar amount of royalties.

b. Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the contract, the Offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents.

K-15 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (APR 1996)

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.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT--COST ACCOUNTING 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 the Cost Accounting Standards Board (48 CFR Chapter 99) except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

b. Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, 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) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement:

_________________________________________________________________

Name and Address of Cognizant ACO or Federal Official 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 Disclosure Statement.

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

The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement:

_________________________________________________________________

Name and Address of Cognizant ACO or Federal Official 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) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 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 contract

If the offeror is eligible to use the modified provisions of 48 CFR 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 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 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

K-16 DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994)

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) (I) (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 a 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.

K-17 DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (SEP 1994)

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 or influence the election, appointment, or tenure 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 of 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) Top Secret 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. "Prohibited on award."

No contract under a national security program may be awarded to an entity controlled by a foreign government if that company 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

K-18 DFARS 252.209-7003 DISCLOSURE OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF A TERRORIST COUNTRY(SEP 1994)

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 offerors 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.

K-19 DFARS 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD CONTRACTS) (APR 1994

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 (U.S. citizen with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal)

___ Asian-Pacific American (U.S. 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 (U.S. citizen)

___ Hispanic American (U.S. 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. Certifications. 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 a determination, the date of the determination was __________________ and the Offeror --

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

___ Was found by 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 debarment; and

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

K-20 DFARS 252.225-7018 NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RDT&E (MAY 1994)

a. Definitions.

(1) "Competent" means the ability of an Offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each Offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation.

(2) "Foreign firm" means a business entity owned or controlled by one or more foreign nationals or a business entity in which more than 50 percent of the stock is owned or controlled by one or more foreign nationals.

(3) "U.S. firm" means a business entity other than a foreign firm.

b. This provision implements section 222 of the Defense Authorization Act for FYs 1988 and 1989 (Pub. L. 100-180) prohibiting the award of certain contracts, for the conduct of Ballistic Missile Defense (BMD) Program research, development, test, or evaluation (RDT&E), to foreign governments or firms.

c. Except as provided in paragraph (d) of this provision, any funds appropriated to, or for the use of, the DoD, may not be used to enter into or carry out any contract, including any contract awarded as a result of a broad agency announcement (BAA), with a foreign government or firm if the contract provides for the conduct of RDT&E in connection with the BMD. Foreign governments and firms, however, are encouraged to submit offers since this provision is not intended to restrict BMD access to unique foreign expertise when contract performance requires a level of competency unavailable in the United States.

d. The prohibition does not apply to a foreign government or firm if --

(1) The contract will be performed within the United States;

(2) The contract is exclusively for RDT&E in connection with antitactical ballistic missile systems;

(3) The foreign government or firm agrees to share a substantial portion of the total contract cost. The foreign share is considered substantial where it is equitable with respect to the relative benefits to be derived from the contract by the United States and the foreign parties. For example, if the contract is more beneficial to the foreign party, its share of the costs should be correspondingly higher; or

(4) The U.S. Government determines that the contract cannot be competently performed by a U.S. firm at a price equal to or less than the price at which the RDT&E can be performed by a foreign government or firm.

e. The Offeror hereby certifies that (__) it is (__) is not a U.S. firm.

K-21 DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

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 of Supplies by Sea.

K-22 RESTRICTION ON DISPOSAL OF ACQUIRED PROPERTY

Unless identified by the exceptions noted below, by the

submission of this offer, the Offeror certifies that to his

knowledge the offer does not involve the acquisition of

Government production and research property, the disposal of

which may be restricted by patent or other rights.

EXCEPTIONS (If none, state "NONE")

_____________________________________________________________

K-23 TECHNICAL DATA CERTIFICATION

The Offeror certifies that data to be delivered under the resultant contract [ ] will [ ] will not be the same, or substantially the same, technical data which the Offeror is obligated to deliver or has delivered to the Government under another contract or subcontract. If the above certification is affirmative, list the contract number.

Contract Number:

K-24 SECURITY REQUIREMENTS FOR AUTOMATIC DATA PROCESSING (ADP) SYSTEMS

The performance of the contemplated contract [ ] will, [ ] will not involve the use of ADP systems to process classified information. The term "ADP Systems", as defined in Section XIII of DoD 5220.22-M, includes automatic data processing systems, word processing systems, and equipment.

NOTE:

a. Department of Defense policy requires that potential compromising emanation situations related to performance of classified contracts be identified and evaluated and that TEMPEST countermeasure provisions be included in those contracts when appropriate as indicated in NTISSI Number 7000, TEMPEST Countermeasures for Facilities, dated October 17, 1988. TEMPEST is defined in DOD 5220.22-R as an unclassified short name referring to investigations and studies of compromising emanations.

b. By checking "will" above, the Offeror accepts the responsibility for safeguarding all classified information contained in or handled by ADP systems and for assuring that approved security controls are in place and effective. The Offeror also agrees to comply with the TEMPEST countermeasure provisions included elsewhere in this solicitation.

c. If, however, the Offeror checks "will" above but no TEMPEST countermeasure provisions are included in this solicitation, the Offeror will describe in his proposal the ADP systems contemplated for use in processing classified and other such information as may be required by the Contracting Officer to determine the appropriateness and extent of TEMPEST countermeasure provisions to be included in the contract.

K-25 IDENTIFICATION OF CONGRESSIONAL DISTRICT(S)

The Offeror is requested to provide the U.S. Congressional District number and other pertinent information associated therewith for the areas given below:

(Note - continuation sheets may be used if adequate space is not

available in the spaces set forth below.)

a. U.S. Congressional District for the Contractor listed in block 15 of SF33: ___________________.

b. Corporate Office, if different from block 15 of SF33:

__________________________________

U.S. Congressional District for this office:

_____________________.

c. If performance location in paragraph K-8 is different from the addresses in (a) and (b), then the applicable U.S. Congressional District for the performance location is ______________________________.

d. First Tier Subcontractors :

(1) Address used for subcontractor's proposal:

Name: ________________________________

Address: ________________________________

________________________________

Cong. District: ___________________________

(2) If subcontractor's place of performance is different than provided in Block d(1) above:

Address: ________________________________

________________________________

Cong. District: ___________________________

K-26 CONTRACT AUDIT

Designate below the Offeror's personnel whom the Government may contact for prompt action on matters pertaining to contract

audits.

NAME ___________________________________________

TITLE ___________________________________________

TELEPHONE NO. ___________________________________________

(including area code and extension)

K-27 CONTRACT ADMINISTRATION

Designate below the Offeror's personnel whom the Government may contact for prompt action on matters pertaining to administration of the contract.

NAME ___________________________________________

TITLE ___________________________________________

TELEPHONE NO. ___________________________________________

(including area code and extension)

K-28 PAYING OFFICE

Identify below the name and address of the Government office normally responsible for payment of invoices for your company.

_________________________________________________________

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

TABLE OF CONTENTS

CLAUSE TITLE PAGE

L-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988) 54

L-2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 55

L-3 FAR 52.233-2 SERVICE OF PROTEST (AUG 1996) 55

L-4 SPECIAL NOTICE TO OFFERORS 55

L-5 AVAILABILITY OF BACKGROUND DOCUMENTATION 56

L-6 PHASED PROCUREMENT USING COMPETITIVE DOWN-SELECTION

PROCEDURES 57

L-7 PROPOSAL PREPARATION INSTRUCTIONS (PPI) 58

L-7.1 ACQUISITION STREAMLINING 58

L-7.2 GENERAL INSTRUCTIONS 58

L-7.3 PROPOSAL VOLUMES 62

L-8 EVALUATION BY NON-GOVERNMENT PERSONNEL 70

L-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988)

a. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. TITLE DATE

52.211-14 Notice of Priority Rating for National Defense Use (Check the box "DX-rated Order") SEP 1990

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 JUL 1995

52.215-10 Late Submissions, Modifications, and Withdrawals of Proposals AUG 1996

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 JUL 1995

52.215-16 Contract Award
Alternate II
OCT 1995
OCT 1995

52.222-24 Preaward On-Site Equal Opportunity Compliance Review APR 1984

52.222-46 Evaluation of Compensation for Professional Employees FEB 1993

52.237-1 Site Visit APR 1984

b. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 2)

CLAUSE NO. TITLE DATE

252.204-7001 Commercial and Government Entity (CAGE) Code Reporting DEC 1991

XXXXXXXXXXXXXX

CLAUSE NO. TITLE DATE

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions JUN 1995

L-2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to three Firm-Fixed-Price contracts resulting from this solicitation. In the LSI phase of this procurement, the Government plans to select one LSI contractor and award a Cost-Plus-Award-Fee/Incentive Fee contract.

L-3 FAR 52.233-2 SERVICE OF PROTEST (AUG 1996)

a. Protests, defined in section 33.101 of the Federal Acquisition Regulation, filed directly with an agency and copies of protests filed with the General Accounting Office (GAO) shall be served on the Contracting Officer (addressed as follows). Obtain written and dated acknowledgment of receipt from:

Office of the Secretary of Defense

Ballistic Missile Defense Organization

ATTN: HQ0006-96-R-0016, Contracting Officer

1725 Jefferson Davis Highway, BMDO/DCTD

Arlington, VA 22202

b. The office designated above shall receive any protest within one day of its filing with the GAO.

L-4 SPECIAL NOTICE TO OFFERORS

a. Failure to submit any of the information requested by this solicitation may be cause for unfavorable consideration.

b. This solicitation neither commits the Government to pay any costs incurred in the submission of the offer or in making necessary studies or designs for preparing the offer, not to contract for services or supplies. Any costs incurred in anticipation of a contract shall be at the offeror's risk.

c. Upon receipt, all proposals become Government property. After contract award, one or more copies of each successful proposal will be retained in the Government's official contract file. The Government will destroy all other copies.

a. The Government will use BDM Federal, Inc. (BDM) and Digital Systems Research, Inc. (DSR) for administrative support, and DSR and Telart Technologies for cost analysis support during the source selection. The exclusive responsibility for source selection will remain with the Government. Proprietary

information submitted in response to this solicitation will receive protection from unauthorized disclosure as required by Federal Acquisition Regulation (FAR) 3.104. BDM and DSR are each bound contractually by Organizational Conflict of Interest and disclosure clauses concerning proprietary information. Contractor personnel assisting in the proposal evaluation are procurement officials within the meaning of the regulation. They have executed the required Procurement Integrity Certificate and will take all necessary action to preclude unauthorized use or disclosure of a competing contractor's proprietary data. Attached to this solicitation are Proprietary Information Agreements (Form L-1 and L-1a) filled out for DSR and Telart Technologies. These agreements or equivalents shall be completed, signed by the Offeror, and submitted as part of the Proposal/Contract Documentation (Volume 5). These agreements shall apply to any resulting contract as well as to this and future solicitations. If the Offeror has already executed this version of the Proprietary Information Agreements with DSR and Telart, the Offeror need not sign the enclosed agreements. The Proposal/Contract Documentation (Volume 5) shall contain copies of the previously executed agreements.

L-5 AVAILABILITY FOR EXAMINATION DOCUMENTATION

a. General Guidelines

(1) Prime contractors and members of their teams who have the proper facility and individual clearances are eligible to receive background documentation.

(2) The Offeror shall solely determine utility of background documentation in the preparation of proposals.

(3) Information contained within the background documentation shall not supersede or contradict the requirements specified in this RFP and its associated documentation.

b. Available Documents:

Background information available in the bidders' library appears on the LSI Home Page, http:// 208.200.186.26:9999. The bidders' library will not include public information and data not unique to this proposal.

c. Location of Documents:

The Bidders' Library is available on two compact disks, one for classified and another for unclassified documents. Prime contractors specified how many disks were needed for their team. Prime contractors received the requested numbers of disks and are responsible for CD-ROM control and distribution to the subcontractors on their respective teams. The Government distributed the CDs in November 1996. Bidders will receive notification of urgent additions, deletions or clarifications through the "What's New" button on the LSI Home Page. Furthermore, within the limits of document size, and security classification, bidders may receive urgent updated information by Internet. There is no central reading room for this proposal.

L-6 PHASED PROCUREMENT USING COMPETITIVE DOWN-SELECTION PROCEDURES

a. This solicitation is for the acquisition of a National Missile Defense (NMD) Lead Systems Integrator (LSI). The acquisition will be conducted as a two-phase procurement using a competitive down-selection between the CD Phase and the LSI execution phase. Two proposals are requested for this procurement, one for each phase.

b. The first phase is for Concept Definition (CD) of the NMD LSI. BMDO anticipates awarding up to three contracts for this phase. The awards for the CD Phase will be based on Proposal Number I, in which offerors must demonstrate: 1) the ability to perform the LSI Phase of the contract including evidence of relevant experience and past performance, and 2) an acceptable approach for performing the CD Phase effort. A subsequent single award will be made for the LSI Phase in which the contractor will perform as the NMD Lead System Integrator.

c. The competition for the LSI Phase will be based on the results of the CD Phase contract and on Proposal Number II. The award criteria for the LSI Phase will include the successful completion of the CD Phase requirements. Submission of the LSI Phase proposal is not a requirement of the CD Phase contract.

d. The LSI proposals will be requested from CD contractors by means of an RFP from the Contracting Officer, which is currently projected for 90 days after award of the CD Phase contracts. The RFP will specify the due date for proposals for the LSI Phase and provide all information for preparation of the LSI Phase proposals, including the final evaluation criteria and factors.

e. The anticipated schedule for conducting this phased procurement is provided for your information. These dates are projections only and are not intended to commit BMDO to complete a particular action at a given time.

CD Phase Award - Apr 1997

CD Phase Period of Performance - 6 months

LSI Phase Award - Apr 1998

LSI Phase Period of Performance - 36 months

Option to Deploy - Sliding Exercise Period

Option for Deployment Quantities - TBD

Option for Deployment Integration - TBD

Option for Deployment Capability - TBD

f. Draft LSI Phase evaluation factors will be provided on the LSI homepage. These evaluation factors are not final and the Government reserves the right to change them at any time up to and including the date when the LSI Phase proposals are requested. If the Offeror desires, comments and/or recommended changes to the Government's preliminary down-select evaluation factors for the LSI Phase LSI may be provided. Submission of comments or recommendations is not mandatory. Any comments or recommendations submitted will be considered by the Government for inclusion in or revision to the LSI Phase evaluation factors, but will not be considered for award of the CD Phase contracts.

L-7 PROPOSAL PREPARATION INSTRUCTIONS (PPI) FOR CD PHASE

L-7.1 ACQUISITION STREAMLINING

It is the intent of the Government to implement acquisition streamlining principles in the LSI procurement. During the CD phase, however, the contractor shall adhere to the Government's proposed SOO, CDRL items and schedule in order that all competitors for the LSI award perform similar work under this phase. Offerors may apply Acquisition Streamlining to the LSI phase as part of their process definition.

L-7.2 GENERAL INSTRUCTIONS

a. Offerors responding to this RFP must include all information and data requested and described herein. Failure to submit any of the information requested by this RFP may be cause for unfavorable consideration. Attachment 1 to Section L includes a cross walk matrix for the LSI Concept Definition Phase to assist offerors in identifying the relationships among sections of, and attachments to, this RFP. Non-conformance with the specified organization, content, and page limitations, or significant unexplained inconsistencies may be cause for proposal rejection. All claimed technical, management, performance, and schedule capabilities shall be realistic and subject to Government verification. The burden of proving credibility of cost estimates rests with the Offeror.

b. Proposals must be clear, coherent, legible, and prepared in sufficient detail for effective evaluation. Proposals must clearly demonstrate how the Offeror intends to accomplish the program and

BASE PERIOD
CONTRACT
LINE ITEM
NO. (CLIN)	SUPPLIES/SERVICES	QTY	UNIT	AMOUNT
0001	Develop and document an overall concept for the design, development, integration, test and evaluation, production, deployment, sustainment and disposal of an NMD System in accordance with the Statement of Objectives (SOO), Attachment 1, paragraph 2.1 and 2.3	1	LOT	NSP

0002	Data and reports for CLIN 0001 in accordance with the Contract Data Requirements Lists, Exhibit A.	1	LOT	$ TBD*

0003	Develop and document performance, schedule and cost implications of each GBI alternative and develop and document the design, development, test and evaluation, production and deployment approach for the selected GBI approach for the NMD in accordance with the SOO, Attachment 1, paragraph 2.2.	1	LOT	NSP

0004	Data and reports for CLIN 0003	1	LOT	$ TBD*
	in accordance with the Contract Data Requirements Lists, Exhibit B.

CLAUSE NO.		TITLE	DATE
	252.246-7000	Material Inspection and Receiving Report	DEC 1991

	TYPES OF INSURANCE		MINIMUM AMOUNT
	Workmen's Compensation and all occupational disease		As required by State law
	Employer's Liability including all occupational disease when not covered by Workmen's Compensation above		$100,000 per accident
	General Liability (Comprehensive) Bodily Injury per occurrence		$500,000
	Automobile Liability (Comprehensive) Bodily Injury per person Bodily Injury per accident Property Damage per accident		$200,000 $500,000 $ 20,000

CLAUSE NO.	TITLE	DATE
52.202-1	Definitions	OCT 1995
52.203-3	Gratuities	APR 1984
52.203-5	Covenant Against Contingent Fees	APR 1984
52.203-6	Restrictions on Subcontractor Sales to the Government	OCT 1995
52.203-8	Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity	JAN 1997
52.203-7	Anti-Kickback Procedures	JUL 1995
52.203-10	Price or Fee Adjustment for Illegal or Improper Activity	JAN 1997
52.203-12	Limitation on Payments to Influence Certain Federal Transactions	JAN 1990
52.204-2	Security Requirements	AUG 1996
52.204-4	Printing/Copying Double-Sided on Recycled Paper	JUN 1996
52.209-6	Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment	JUL 1995
52.211-15	Defense Priority and Allocation Requirements	SEP 1990
52.215-2	Audit and Records--Negotiation	JAN 1997
52.215-23	Price Reduction for Defective Cost or Pricing Data -- Modifications	OCT 1995
52.215-25	Subcontractor Cost or Pricing Data -- Modifications	OCT 1995
52.215-27	Termination of Defined Benefit Pension Plans	MAR 1996
52.215-33	Order of Precedence	JAN 1986
52.215-39	Reversion or Adjustment of Plans For Post-Retirement Benefits Other Than Pensions (PRB)	MAR 1996
52.215-40	Notification of Ownership Changes	FEB 1995

52.215-42	Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications Alternate III	JAN 1997 OCT 1995
52.219-8	Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns	OCT 1995
52.219-9	Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan Alternate II	AUG 1996 MAR 1996
52.219-16	Liquidated Damages-Subcontracting Plan	OCT 1995
52.222-3	Convict Labor	AUG 1996
52.222-26	Equal Opportunity	APR 1984
52.222-28	Equal Opportunity Preaward Clearance of Subcontracts	APR 1984
52.222-35	Affirmative Action for Special Disabled and Vietnam Era Veterans	APR 1984
52.222-36	Affirmative Action for Handicapped Workers	APR 1984
52.222-37	Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era	JAN 1988
52.223-2	Clean Air and Water	APR 1984
52.223-6	Drug-Free Workplace	JAN 1997
52.223-13	Certification of Toxic Chemical Release Reporting	OCT 1996
52.223-14	Toxic Chemical Release Reporting	OCT 1996
52.225-11	Restrictions on Certain Foreign Purchases	OCT 1996
52.226-1	Utilization of Indian Organizations and Indian-Owned Economic Enterprises	SEP 1996
52.227-1	Authorization and Consent Alternate I	JUL 1995 APR 1984
52.227-2	Notice and Assistance Regarding Patent and Copyright Infringement	AUG 1996
52.227-10	Filing of Patent Applications - Classified Subject Matter	APR 1984
52.227-12	Patent Rights--Retention by the Contractor (Long Form)	JAN 1997
52.229-3	Federal, State, and Local Taxes	JAN 1991
52.230-2	Cost Accounting Standards	APR 1996
52.230-3	Disclosure and Consistency of Cost Accounting Practices	APR 1996

52.230-6	Administration of Cost Accounting Standards	APR 1996
52.232-1	Payment	APR 1984
52.232-8	Discounts for Prompt Payment	APR 1989
52.232-9	Limitation on Withholding of Payments	APR 1984
52.232-17	Interest	JUN 1996
52.232-23	Assignment of Claims	JAN 1986
52.232-25	Prompt Payment	MAR 1994
52.232-33	Mandatory Information for Electronic Funds Transfer Payment	AUG 1996
52.233-1	Disputes Alternate I	OCT 1995 DEC 1991
52.233-3	Protest After Award	AUG 1996
52.242-4	Certification of Indirect Costs	JAN 1997
52.242-13	Bankruptcy	JUL 1995
52.243-1	Changes--Fixed-Price Alternate V	AUG 1987 APR 1984
52.244-1	Subcontracts (Fixed-Price Contracts)	FEB 1995
52.244-6	Subcontracts for Commercial Items and Commercial Components	OCT 1995
52.245-2	Government Property (Fixed-Price Contracts)	DEC 1989
52.246-25	Limitation of Liability - Services	APR 1984
52.249-2	Termination for Convenience of the Government (Fixed-Price)	SEP 1996
52.249-8	Default (Fixed Price Research and Development)	APR 1984
52.253-1	Computer Generated Forms	JAN 1991

Place of Performance (Street Address, City, County, State, Zip Code)		Name and address of Owner and Operator of the Plant or Facility if Other than Offeror or Quoter

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

52.211-14	Notice of Priority Rating for National Defense Use (Check the box "DX-rated Order")	SEP 1990
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	JUL 1995
52.215-10	Late Submissions, Modifications, and Withdrawals of Proposals	AUG 1996
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	JUL 1995
52.215-16	Contract Award Alternate II	OCT 1995 OCT 1995
52.222-24	Preaward On-Site Equal Opportunity Compliance Review	APR 1984
52.222-46	Evaluation of Compensation for Professional Employees	FEB 1993
52.237-1	Site Visit	APR 1984

252.204-7001	Commercial and Government Entity (CAGE) Code Reporting	DEC 1991
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CLAUSE NO.	TITLE	DATE
252.227-7017	Identification and Assertion of Use, Release, or Disclosure Restrictions	JUN 1995