T-SM1 N D-0022

Transcription

1 Page 1 of 5 T-SM1 N D-0022 RAYTHEON MISSILE SYSTEMS PURCHASE ORDER ATTACHMENT This attachment is designed for use with awards under Contract N D-0022 The following Buyer s terms and conditions are revised to include the following additional provisions for this Purchase Order. The effective version of each clause shall be the same version as that which appears in Buyer s prime contract, or higher-tier subcontract under which this Purchase Order is a subcontract. In all clauses listed herein, terms shall be revised to suitably identify the party to establish Seller s obligations to Buyer and to the Government, and to enable Buyer to meet its obligations under the prime contract. Without limiting the generality of the foregoing, and except where further clarified or modified below, the term Government and equivalent phrases shall mean Buyer, the term Contracting Officer shall mean Buyer s Purchasing Representative", the term Contractor or Offeror shall mean Seller, Subcontractor shall mean Seller s Subcontractor under this Purchase Order, and the term Contract shall mean this Purchase Order. If any of the following clauses do not apply to this Purchase Order, such clauses are considered to be self-deleting Updates of Publically Available Information Regarding Responsibility Matters Prohibition on Contracting With Inverted Domestic Corporations Option to Extend Services Liquidated Damages -- Subcontracting Plan Convict Labor Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) Fair Labor Standards Act and Service Contract Act -- Price Adjustment Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements Federal, State, and Local Taxes (State and Local Adjustments) Taxes -- Foreign Fixed-Price Contracts Limitation on Withholding of Payments Notice of Intent to Disallow Costs Penalties for Unallowable Costs Certification of Final Indirect Costs Requirements Relating to Compensation of Former DoD Officials Control of Government Personnel Work Product Cost Estimating System Requirements Drug-Free Work Force Levies on Contract Payments Information Assurance Contractor Training and Certification Ordering From Government Supply Sources. The following additional Prime Contract requirements apply to this Purchase Order:

2 Page 2 of INCURRED COST REPORTING AND PROGRESS REPORTING FOR SERVICES (NAVAIR)(JUN 2014) The following applies to the prime contractor and all subcontractors. If desired, a subcontractor may directly submit the required documentation in accordance with contract CDRL A00M. When a subcontractor submits directly to the Government, the prime contractor shall highlight the subcontractor costs to be directly submitted to the Government. (a) General: The contractor shall provide supporting documentation as a supplement to each invoice submitted for payment in accordance with the requirements of this clause and CDRL A00M. This documentation shall include the elements outlined below and, at a minimum, be submitted jointly with the invoice. (b) Incurred Costs: For cost reimbursable service contracts and for cost reimbursable contract line items for or related to services, the contractor shall segregate costs incurred and utilize the data tables outlined in Attachment 5 to provide the detail required below. The total of all cost elements below shall match the applicable invoiced amount(s). If a particular element is not applicable or there are no costs associated to a particular element, the tables shall state "Not Applicable." Documentation required herein that is not reported as part of the data tables shall be included as a separate attachment or otherwise made available for review in a location accessible to the Government with notification of this location provided to the Procuring Contracting Officer. (1) Summary: An incurred cost summary shall be reported by completing the "Header" and "Invoice Summary" tabs included in Attachment 5.. (2) Labor: Incurred costs for labor shall be reported by completing the "Invoiced Labor" tab, and, if applicable, the "If Individuals>Hourly Tripwire" tab included in Attachment 5. Additional information regarding individual labor categories and fully burdened labor rates shall be provided upon request. (3) Other Direct Costs (ODCs), including Travel and Material: Total fully burdened other direct costs shall be reported by completing the "Invoice Summary" tab included in Attachment 5. In addition, an itemized listing of the unburdened other direct charges, including travel and material, shall be provided. For material greater than $3,000, the invoice number, date, total amount, company, purchase order number, and description of each item shall be documented. For travel, the dates, destinations, names of individuals traveling, purpose and total cost shall be documented. A copy of the travel voucher with accompanying receipts shall be provided upon request. For material less than $3,000,supplemental data shall be provided upon request. The following statement regarding ODCs and Labor shall also be included, if applicable: "No fee has been applied to ODCs SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS FOR INFORMATION TECHNOLOGY (IT)(NAVAIR) (SEP 2012) (a) Contractor personnel assigned to perform work under this contract may require access to Navy Information Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants (PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed

3 Page 3 of 5 SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR- N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources. The form and instructions for processing the SAAR-N form are available at: (b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor s Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPCO for contractor employees requiring IT access, [fill-in name] shall be responsible for signing and processing the SAAR-N forms. For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated SAAR-N Government Sponsor or TPOC. Requests for access should be routed through the NAVAIR_SAAR.fct@navy.mil mailbox. (c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to Navy IT resources will be denied/revoked. (d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new SAAR-N form only when they begin work on a new or different contract NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR) (OCT 2005) (a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law. (b) For violation of export laws, the contractor, its employees, officials or agents are subject to: (1) Imprisonment and/or imposition of criminal fines; and (2) Suspension or debarment from future Government contracting actions. (c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract. (d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

4 Page 4 of GOVERNMENT PROPERTY FOR THE PERFORMANCE OF THIS CONTRACT (NAVAIR) (MAY 2012) (a) Authorization is granted to use the Government property identified below without rental charge in the performance of this contract and subcontracts of any tier issued hereunder (see FAR (a) for further information regarding identification requirements) : * (1) Government property currently accountable and managed under the following contracts: (b) The contractor shall prepare requisition documentation for the items listed in paragraph (a)(4 ) above in accordance with the Military Standard Requisitioning and Issue Procedures (MILSTRIP) for Defense Contractors, DoD M, Chapter 11, which is available at under publications. The contractor shall submit all requisitions for material from the supply system to the Material Control Activity specified in Section G of this contract. (c) Government property provided above (except for special tooling and special test equipment as defined in FAR 2.101) shall not be installed or constructed or otherwise affixed to property not owned by the Government in such a fashion as to be nonseverable unless written authorization has been obtained from the Contracting Officer. (d) The contractor is responsible for scheduling the use of all property covered by this clause and the Government shall not be responsible for conflicts, delays, or disruptions to any work performed by the contractor due to use of any or all such property, either under this contract or any other contracts under which use of such property is authorized DISCLOSURE OF CONTRACT INFORMATION (NAVAIR) (JAN 2007) (a) The Contractor shall not release to anyone outside the Contractor s organization any unclassified information (e.g., announcement of contract award), regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. (b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least ten (10) days before the proposed date for release. (c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer PROHIBITION ON CONTRACTING WITH THE ENEMY (DEVIATION O0008)(FEB 2014) (a) The Contractor shall exercise due diligence to ensure that none of the funds received under this contract are provided directly or indirectly to a person or entity who is actively opposing United States or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. (b) The Contractor shall exercise due diligence to ensure that none of their subcontracts are associated with a person or entities listed in "NDAA FY2012 Section 841/FY2014 Section 831 identified Entities" list posted at (c) The Head of the Contracting Activity (HCA) has the authority to -

5 Page 5 of 5 (1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) and (b) of this clause; or (2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces in a contingency operation in which members of the armed forces are actively engaged in hostilities. (d) The substance of this clause, including this paragraph (d), is required to be included in subcontracts under this contract that have an estimated value over $50,000.