EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV)

PRE-EMD MODULE CALL FOR IMPROVEMENT

ANNEX 4

PRE-EMD MODEL CONTRACT

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

(1) SUPPLIES/SERVICES

Quantity Unit Price

Item No Supplies/Services Purch Unit Total Item Amount

0001 CLIN sec class: U 1 *

JO *

noun: EELV Pre-Engineering and Manufacturing Development

acrn: 9 nsn: N

site codes cqa: D acp: D fob: D

pr/mipr data: FY7616XXXXXXX

type contract: J (Firm Fixed Price)

descriptive data: The Contractor shall furnish all necessary supplies and services to perform program management, systems engineering, demonstration efforts and trade studies in accordance with Attachment 1, entitled "System Performance Document (SPD) Evolved Expendable Launch Vehicle (EELV), Pre-Engineering and Manufacturing Development (Pre-EMD) Module," dated 30 August 1996, and Attachment 3, entitled "Statement of Objectives," dated 30 August 1996, attached hereto and made a part hereof. (3600 funds)

000101 Info SubCLIN Establish sec class: U

noun: Funding for CLIN 0001

acrn: AA $ *

0002 CLIN sec class: U 1 NSP

LO NSP

noun: DATA AND REPORTS

acrn: AA nsn: N

site codes cqa: D acp: D fob: D

pr/mipr data: FY7616XXXXXXX

type contract: J

descriptive data: The Contractor shall furnish all data and reports in accordance with Exhibit A entitled "Contract Data Requirements List" dated 30 August 1996, attached hereto and made a part hereof.

(The cost of this item is included in the cost of Item 0001.)

(2) PRICES/COSTS

The total amount of this contract is $ *

*To be inserted by Offeror

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Attachments 1 and 3.

SECTION D - PACKAGING AND MARKING

5352.247-9008 CONTRACTOR COMMERCIAL PACKAGING AND MARKING (FEB 1996) -- AFMC FAR SUPPLEMENT

Items shall be packaged and marked in accordance with the contractor's best commercial practice to ensure undamaged arrival at destination. Individual shipments exceeding 150 pounds or 108 inches in length or 130 inches in girth plus length, shall be packaged on skidded crates or palletized to allow handling by forklift.

D.1 Submission of electronic deliverables shall be accomplished in accordance with Exhibit A, Contract Data Requirements List instructions.

SECTION E - INSPECTION AND ACCEPTANCE

(1) Pursuant to FAR 52.252-2, "CLAUSES INCORPORATED BY REFERENCE," the following clauses are incorporated herein by reference.

I. FEDERAL ACQUISITION REGULATION (1991 EDITION) (48 CFR CHAPTER 1) CLAUSES

PARAGRAPH TITLE

52.246-4 INSPECTION OF SERVICES--FIXED- PRICE (FEB 1992)

52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

II. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (1991 EDITION) (48 CFR CHAPTER 2) CLAUSES: NONE ARE APPLICABLE

(2) THE FOLLOWING AIR FORCE FAR SUPPLEMENT CLAUSES ARE APPLICABLE DURING THE PERFORMANCE OF THIS CONTRACT: NONE ARE APPLICABLE

(3) THE FOLLOWING AIR FORCE MATERIEL COMMAND FAR SUPPLEMENT CLAUSES ARE APPLICABLE DURING THE PERFORMANCE OF THIS CONTRACT:

5352.246-9002 INSPECTION AND ACCEPTANCE (NOV 1995) AFMC FAR

SUPPLEMENT

(a) The place of final inspection and acceptance for the contract work called for in SECTION B above shall be HQ Space and Missile Systems Center/MV/2420 Vela Way, Suite 1467-A2, Los Angeles AFB, CA 90245-4659.

(b) Inspection and acceptance of data will be in accordance with the Contract Data Requirements Lists (CDRLs) attached hereto. In those instances where the symbol "LT" appears in block 7 of the CDRL, the place for such action will be at the office designated as the "Technical Office."

SECTION F - DELIVERIES OR PERFORMANCE

(1) DELIVERY SCHEDULE

Delivery Schedule

Item No Supplies Schedule Data Quantity Date

0001 CLIN Del Sch sec class: U

acrn: 9

ship to: FY7611 1 *

descriptive data: The Contractor shall accomplish the work called for in SECTION B above during the period commencing with contract award and ending 17 months thereafter.

0002 CLIN Del Sch sec class: U

ship to: FY7611 1 AS REQ

descriptive data: Delivery shall be in accordance with Exhibit A, Contract Data Requirements List

(2) PERIOD OF PERFORMANCE

The Contractor shall accomplish the work called for in SECTION B above during the period commencing upon contract award and ending seventeen months thereafter.

(3) Pursuant to FAR 52.252-2, "CLAUSES INCORPORATED BY REFERENCE," the following clauses are incorporated herein by reference.

I. FEDERAL ACQUISITION REGULATION (1991 EDITION) (48 CFR CHAPTER 1) CLAUSES

PARAGRAPH TITLE

52.242-15 STOP-WORK ORDER (AUG 1989) (FAC 90-32)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) (FAC 90-32)

52.247-34 F.O.B. DESTINATION (NOV 1991) (FAC 90-8)

II. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (1991 EDITION) (48 CFR CHAPTER 2) CLAUSES: NONE ARE APPLICABLE

* To be inserted in definitive contract

SECTION G - CONTRACT ADMINISTRATION DATA

(1) ACCOUNTING AND APPROPRIATION DATA

Appropriation/Lmt Subhead/CPN Recip DODAAD Obligation

ACRN Acct Class data Supplemental Accounting Classification Amount

AA ACCOUNT ** **

UNCLASSIFIED

pr/mipr data: **

descriptive data: **

(2) INITIATOR OF PR: SMC/FM

(3) PROJECT OFFICER: SMC/MV

(4) PATENT INFORMATION shall be forwarded through the Administrative Contracting Officer to:

Staff Judge Advocate

Contracts and Patents Division (JAN)

HQ Space and Missile Systems Center (AFMC)

2435 Vela Way, Suite 1218

Los Angeles AFB, CA 90245-5500

(5) ELECTRONIC FUNDS TRANSFER PAYMENT REMITTANCE ADDRESS:

5352.232-9000 REMITTANCE ADDRESS (MAY 1996) - AF FAR SUPPLEMENT

If the remittance address is different from the mailing address, enter the remittance address

below. Failure to provide this information may impact payment.

**

(End of clause)

** To be provided by offeror

(6) PROGRESS PAYMENTS

Progress Payments shall be administered by the Administrative Contracting Officer (ACO) in accordance with contract clause 52.232-16. To assure progress payments are adequately supported by physical progress under the contract, designated representatives of the Government dedicated Integrated Product Team (IPT) will participate in the determination of such physical progress. For the purposes of this evaluation, the IPT will use all means available, to include the Integrated Task and Management Plan, the Integrated Master Schedule, and the contractor generated program management information listed in SCR H.10.

(7) PARALLEL ACTIVITIES

The Integrated Task and Management Plan (ITAMP) is a contractor-generated document which reflects how the contractor will manage the program. The ITAMP documents the Pre-EMD Tasks, Events, Significant Accomplishments, Accomplishment Criteria, and parallel activities. Parallel activities are tasks or projects funded by Independent Research & Development (IR&D) or corporate investment that mitigates EELV program risk, but are not required for contract completion. Costs incurred by the Contractor in pursuit of parallel activities during the Pre-EMD module period of performance are not a part of the Pre-EMD Module contract price (except to the extent that IR&D costs may be allocated per FAR Part 31), and are not allowable direct costs to the Pre-EMD contract or any resultant follow-on contracts.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

(1) THE FOLLOWING SPECIAL CONTRACT REQUIREMENTS IN AIR FORCE FAR SUPPLEMENT ARE APPLICABLE TO THIS CONTRACT: NONE ARE APPLICABLE.

(2) THE FOLLOWING SPECIAL CONTRACT REQUIREMENTS IN AIR FORCE MATERIEL COMMAND FAR SUPPLEMENT ARE APPLICABLE TO THIS CONTRACT:

*5352.219-9001 INCORPORATION OF SUBCONTRACTING PLAN (JULY 1992) --AFMC FAR SUPPLEMENT

Special attention is invited to the clause at FAR 52.219-9, "Small Business, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan." The subcontracting plan contained in Attachment 4, dated **, is incorporated herein by reference. The small business goal is ** %. The small disadvantaged business goal is ** %. The women-owned small business goal is ** %.

* - This clause is not applicable to contracts with contractors which have comprehensive subcontracting plans approved under the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

** - To be inserted by offeror

5352.243-9000 ADVANCE CHANGE ADJUSTMENT AGREEMENT (JULY 1992) -- AFMC FAR SUPPLEMENT

(a) Purpose. This clause establishes a procedure by which the parties agree to change this contract according to the Changes clause of this contract without an equitable adjustment to the contract price as specified in this subparagraph. The parties agree that each change not exceeding $100,000.00, which also does not affect the contract delivery or performance schedules or any other contract provision, shall be a change having no effect on the contract price. For cost contracts, there will be no fee adjustment for each change not exceeding $100,000.00 which does not affect contract delivery or performance, or any contract provision.

(b) Procedure. When it is proposed to make a change under the Changes clause and both parties agree that such a change will require no equitable adjustment as contemplated by subparagraph (a) of this clause, the Contractor shall submit a written proposal or offer to accomplish the proposed change without an equitable adjustment. If the contracting officer determines no adjustment is necessary, the Contractor's proposal may be accepted by issuing an executed copy of an AFMC Form 702 or SF 30. The modification shall (i) be issued under the Changes clause; (ii) cite this clause; (iii) reference the Contractor's proposal or offer; and (iv) direct the changes to be made. The issuance of the modification shall constitute acceptance of the Contractor's proposal or offer, shall be binding on both parties, and shall be a full, complete and final settlement for the directed changes.

5352.245-9000 BASE SUPPORT (JULY 1992) -- AFMC FAR SUPPLEMENT

Base support will be provided by the Government to the Contractor in accordance with the provisions of this clause. Failure by the Contractor to comply with the provisions of this clause will release the Government, without prejudice, from its obligation to provide base support by the date(s) required. If warranted, and if the Contractor has complied with the provisions of this clause, an equitable adjustment will be made if the Government fails to provide base support by the date(s) required.

(a) Base support includes Government-controlled working space, material, equipment, services (including automatic data processing) or other support (excluding the use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Air Force installation where this contract will be performed. All Government property in the possession of the Contractor, provided through the base support clause, will be used and managed in accordance with the Government Property clauses.

(b) The installations providing the support will be listed in subparagraph (e), and the Government support to be furnished by each installation under this contract will be listed in subparagraph (f).

(c) Unless otherwise stipulated in the contract schedule, support will be provided on a no-charge-for-use basis and the value will be a part of the Government's contract consideration.

(d) The Contractor agrees to immediately report (with a copy to the cognizant Contracting Administration Office (CAO)) inadequacies, defective Government Furnished Property (GFP) or nonavailability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. The Government agrees to determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it will be fulfilled (e.g., purchase, rental, lease, GFP). Additionally, the Contractor (or authorized representative) will not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so), without the written approval of the contracting officer regarding the price, terms and conditions of the proposed purchase, or approval of other arrangements.

(e) Following are installations where base support will be provided:

(Installations are listed in Attachment 7)

(f) The Government support contemplated to be furnished under this contract is:

(Support Items are listed in Attachment 7)

Because of the nature and varied locations of the work performed, the value of such equipment is undeterminable. The Contractor shall not incur any cost resulting from nonsupport prior to contracting officer concurrence in accordance with the Base Support clause.

(3) THE FOLLOWING ADDITIONAL SPECIAL CONTRACT REQUIREMENTS ARE APPLICABLE TO THIS CONTRACT:

H.1 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS

The provisions referenced in Annex 5 of the Pre-EMD Call For Improvement (CFI) as completed by the offeror in its proposal, are incorporated herein by reference.

H.2 RENT-FREE USE OF OTHER GOVERNMENT FURNISHED PROPERTY

The Contractor is authorized to use in the performance of this contract on a rent-free, non-interference basis, the Government-owned property identified in Attachment 6B, made available during the periods set forth in said Attachment. Non-interference means that use of the government furnished property will not interfere with the performance of the contract under which the property is accountable.

H.3 Downselection APPROACH

(a) The effort performed in this contract will be evaluated for purposes of selecting a single contractor to perform the EMD and Production efforts of the Government's requirements for an EELV system.

(b) Basis for EMD Contract Award:

(1) General:

(a) The Government will award the EMD Module contract to the offeror whom the Government determines can provide the best value to the Government, considering cost or price, schedule, and other factors.

(b) The Government is employing a rolling downselect acquisition strategy in acquiring the EELV system. Accordingly, the Government contemplates the EMD Module will be performed by one of the two Pre-EMD contractors. Responsible offerors for the EMD Module must satisfy the requirements prescribed in the LCCV Module contract and the Pre-EMD Module contract. However, the Government will consider all offeror EMD proposals in accordance with the evaluation criteria and basis of award to be included in the EMD Request for Proposal. Proposal preparation costs for the EMD Module will not be allowed as direct charges on the Pre-EMD or EMD Module contracts.

(2) Performance Considerations:

(a) The Government will evaluate each offeror's proposal, past performance and, for Pre-EMD contractors, performance during Pre-EMD Module as part of its integrated assessment in selecting the EMD Module contractor. In assessing performance, the Government will use data provided by the offeror and obtained from other sources. Among these sources are Contractor Performance Assessment Reports (CPARs), preaward surveys, and relevant past performance information obtained from prior efforts.

(b) When a Contractor has performed the Pre-EMD effort under contract to the Government, the Government can and will consider its performance during the Pre-EMD effort. To perform this assessment, sources of information the Government will consider include, but are not limited to, the following:

1. CPARs

2. Integrated Task and Management Plan (ITAMP) and Integrated Master Schedule

(IMS) execution

3. EELV Program Management Information (as described in SCR H.10)

4. Contract Data Requirements List submissions

5. Government insight into Contractor performance

6. Other data obtained by the Government IPT

(c) The Government reserves the right to unilaterally revise the basis for downselection described in this clause. The inclusion of this clause does not commit the Government to proceed into any successive module.

H.4 Government/Contractor Interface

(a) Because Pre-EMD module Contractors will compete for the next EELV module, interface between the Government and the Contractor will be structured to ensure fair and equitable treatment of all competitors. The Contracting Officer shall assign dedicated representatives to each Contractor at the onset of contract performance. All Contractor contacts (questions, requests for meetings, etc.) with the Government for the purpose of executing the contract shall be coordinated with the dedicated representatives, the EELV Procuring Contracting Officer, or EELV System Program Director or his/her deputy. Only the Contracting Officer can direct changes to the contract.

(b) The Government will meet formally with the Contractor during contract performance. This meeting will be either a Downselect Design Review (DDR) or a Tailored Critical Design Review (TCDR), as the Contractor elects. In addition to this meeting, the Government may be available for informal meetings at the Contractor's request. Any such Contractor requested informal meetings will be at no additional cost to the Government. The Government reserves the right to decline attendance for informal meetings; however, the Government will attempt to support requests for informal meetings to the greatest extent possible. In the event the Government requests an informal meeting, the Contractor may choose to support it at no additional cost to the Government, or, the Contractor must notify the PCO prior to the date of the meeting if it considers the meeting to be outside the scope of the contract and subject to adjustment under the Changes clause.

(c) Wherever the terms of this clause regarding interaction between Government and Contractor personnel conflict with other terms in the contract, the terms of this provision will take precedence.

H.5 "MANUFACTURED IN THE U.S." REQUIREMENT

The following clause takes precedence and is controlling to the extent any other provision of the contract is inconsistent with it.

(a) The EELV space launch vehicle to be acquired by the Government must be manufactured in the United States. Manufactured in the U.S. means the vehicle must be fabricated and tested in the U.S., and the cost of the end product's components manufactured in the U.S. must exceed 50% of the cost of all its components. The end product is each individual launch vehicle, and the cost of its components does not include any ground support systems, launch facilities or launch operation costs. The cost of the end product's components is the production cost only.

(b) A space launch vehicle will be considered to be manufactured in the U.S. if it is manufactured in the U.S. by a U.S. person.

(1) U.S. person means a natural person who is a citizen of the United States. It also means any corporation, business association or partnership organized or incorporated to do business in the United States. Further, in the case of a corporation, business association or partnership such entity must not be under the control of a foreign person or persons nor may 50% or more of the stock be owned or controlled by a foreign person or persons.

(a) Control can arise through stock ownership; occupancy of director, officer or key employee positions; contractual or other business relations; or combinations of these and other factors.

(b) Control can arise through management positions where a concern's voting stock is so widely distributed that no effective control can be established.

(c) If necessary, the contracting officer will determine, on a case-by-case basis, whether any corporation is under the control of a foreign person or whether a space launch vehicle will be manufactured in the U.S. The Buy American Act, as implemented in the Department of Defense, is the basis for the 50% requirement and will be used for resolving additional calculation issues encountered when making case by case determinations, with the exception that there are no qualifying countries for the EELV program. The contracting officer may require the Contractor to submit information to allow him/her to make this determination.

H.6 NOTIFICATION OF GOVERNMENT/CONTRACTOR INTERCHANGES

The Contractor or its representatives shall not contact high-ranking Government personnel outside the EELV program office to discuss the EELV program without first notifying the EELV Contracting Officer. For the purposes of this provision, "high-ranking Government personnel outside the program office" normally should be interpreted to include members of all branches of the United States Government (members of Congress and their staffs, political appointees, general officers, and senior executive service civilian employees) and other personnel not assigned to the EELV System Program Office and who, by nature of their position, may influence the course and content of the EELV program or future source selection decisions. All interface between the Government and the Contractor for the purpose of executing this contract shall be conducted in accordance with Special Contract Requirement H.4 of this contract. This provision does not apply to normal interfaces with the cognizant contract administration office, nor does it apply to contacts with Government personnel as necessary to execute the terms and conditions of this contract.

H.7 environmental responsibilities

(a) The Contractor shall comply with all applicable federal, state, and local environmental laws and regulations. The Contractor is responsible for ensuring all base operating procedures are followed and necessary permits for performing work under this contract are in place before performing activities requiring such permits. Any costs resulting from failure of the Contractor to perform this duty will be borne by the contractor.

(b) During the Pre-EMD Module, the Government will perform an environmental analysis of the contractor's proposed EELV system. The Contractor shall support the Government as necessary in preparing and processing the Environmental Impact Statement. This process will include the Government making available to the public certain details regarding each contractor's EELV system design and operations approach. Such information will be limited to the maximum extent possible.

H.8 ACTS OF SOVEREIGNTY

In the event the Contractor elects to use foreign technology, including but not limited to that of the Former Soviet Union (FSU), it is expressly understood that the Contractor accepts all risks associated with such an international transaction. Specifically, the United States Government has no obligation as a sovereign to negotiate agreements with a foreign government. Acceptance of any terms and conditions included in or excluded from agreements between the Contractor and a foreign government are at the sole discretion of the U.S. Government. Any impacts, to include cost or schedule impacts, of such agreements on the Contractor will be borne entirely by the Contractor on this fixed-price effort. DoD policies on FSU and foreign technology will be adhered to by the Contractor.

H.9 ELECTRONIC CONNECTIVITY REQUIREMENTS

Within 45 days of contract award, the Contractor shall establish and maintain, user-friendly and reliable electronic connectivity between its activity and the Government EELV System Program Office located at Los Angeles AFB, CA. Electronic connectivity is defined as the ability of the Government to continuously access Contractor host systems for the purpose of reviewing, uploading, or downloading EELV program-related information (to include as a minimum data and information specified in SCR H.10 and Exhibit A of the Contract) on contractor host systems. The Contractor shall provide access to those personnel supporting the EELV System Program Office, as identified by the PCO, including designated Government representatives regularly present at the contractor's facilities.

H.10 PROGRAM INFORMATION

(a) Under this contract, the Government requires access to contractor-generated EELV program information, such as that listed in the following table. The Government will use this information for insight into program activities and to assess on-going Contractor performance. Access to this information shall be in accordance with SCR H.9. To facilitate Government insight, the contractor shall provide continuous access to early drafts of these documents. This early review is for insight only and will not assess the quality or timeliness of the data.

(b) The scope and availability dates of this information (with the exception of the ITAMP) shall be provided in the appropriate ITAMP Task sections. The ITAMP shall be updated as necessary to maintain currency. The description language in the following table is included to outline the scope and nature of information to be included in the item. Where a description for an information item is not provided in H.10(c), the content shall be similar to related LCCV CDRL items, if applicable. If the descriptions provided in H.10(c) result in information being duplicated in other documents, the contractor should provide cross-references as appropriate to other documents to avoid such duplication. Where a Government regulation, standard, or specification is cited, it is only for guidance purposes.

(c) If the contractor believes any of the information is not necessary to effectively manage the program, it must provide the basis for that position and the contract will be modified appropriately if agreed to by the contracting officer. Access is required to the following information :

INFORMATION	DESCRIPTION
Integrated Task and Management Plan
Integrated Master Schedule (IMS)	Content similar to LCCV CDRL A021. Additionally, the schedule should reflect Accomplishment Criteria
Specifications and Standards Report	Contains the following information. 1. Categories of specs/standards selected, i. e., Government standard, Industry or company standard. Description of process/criteria for selection, the risks incurred by the proposed approach, and necessary risk mitigation efforts. 2. Description of process for dealing with obsolescence of selected specs and standards. 3. List of specs and standards, by discipline, indicating whether or not tailoring applies. 4. A section describing the specific tailoring proposed for the selected spec/standard.
Risk Mitigation Plan
Configuration Item Development Specifications
Manufacturing Plan	Content similar to LCCV CDRL A015. Additionally, include (1) process yields, (2) percent of processes with SPC controls, and (3) Total Cost of Quality (TCOQ) showing relative percentages as they relate to prevention, analysis, and failure (internal and external), as well as the percentage of TCOQ costs within total recurring cost.
Integrated Logistics Support (ILS) Documentation	Logistics Support Analysis and ILS documentation required to implement the AFSPC operations and support concept.
Contractor Funds Status Report
System Design Trade Study Report
Design Review Data Package	Detailed design documentation to support the fabrication, coding, assembly, and integration of EMD flight-type development hardware and software and to initiate the fabrication, coding, assembly, and integration of EMD ground systems hardware and software. Includes draft hardware CI product specifications, computer software configuration item design documentation (software detailed design document, data base design documents, interface design documents), and supporting information. Supporting information includes engineering drawings, interface control drawings, design analyses and test data, manufacturing readiness assessments, life cycle cost estimates, firmware design documentation, and relevant electromagnetic compatibility, reliability, maintainability, human factors, system safety, natural environment, standardization, transportability, test, maintenance, supportability, and producibility analyses.
System Security Management Plan (SSMP)	Organizational responsibilities, methods of accomplishment, milestones, depth of effort, integration with other program engineering, design and management activities, related systems, physical security measures for the Space Launch Complex and related support facilities (Ref: AFI 31-101, The Physical Security Program, Nov 94) for the contractor's security program.
Technical Performance Measures (TPM)	Includes EMD cost, recurring cost, average unit cost, lift capability, reliability, launch rate capacity and software, as a minimum.
Demonstration Report
Modeling Report
Integrated Test and Eval Plan (ITEP)	A DT&E program description which includes the following: (1) Test objectives, including impact on risk mitigation; configuration of test items and resources; and summary of test events, test scenarios and test design concepts. (2) Definition of how the tests will be used to validate models and simulations. (3) Software analysis that demonstrates understanding of the operation, maintenance, and logistics concepts and the associated data.
System Safety Program Plan	Mil-Std-882C Task 102
Missile System Prelaunch Safety Package	EWR 127-1, Chapter 3
Airborne Range Safety System Report	EWR 127-1, Chapter 4
Facilities Safety Data Package	EWR 127-1, Chapter 5
Ground Operations Plan	EWR 127-1, Chapter 6
Preliminary Flight Data Package	EWR 127-1, Chapter 2
Tailored EWR 127-1	Shall be tailored to 127-1 reference 1.A.2.1, pg 1-24
Program Introduction Document	IAW Universal Documentation System Handbook Volumes 1-3
Facilities Design Documentation	Detailed design documentation to support the construction of launch site facilities. Includes basis of design, design drawings, specifications, design computations and analyses, construction cost estimates, and supporting information. Supporting information includes reliability and maintainability analyses, and O&M documentation requirements.
Operations Technical Report	Content similar to LCCV CDRL A020. Additionally, identifies and delineates contractor- versus government-performed tasks and processes associated with maintaining facilities, Aerospace Ground Equipment, Ground Support Equipment, and Real Property Installed Equipment.
Reliability Report	1. Description of plan to update and use system reliability results generated by predictions and analyses including: a. identification, mitigation and control of critical reliability items throughout the program life-cycle; b. use of reliability analysis and prediction activities in coordination with design changes, improvements and refinements throughout the development phases of the program. 2. Description of plan for implementation of a reliability test program, and establishment of related criteria, linked to the results of the prediction and analysis activities that the contractor plans to execute. 3. A top-level reliability data summary and detailed analytical information for each vehicle and mission type. The top-level summary addresses the vehicle configuration and time-phased mission profile and the predicted mission reliability by system, vehicle element, and subsystem. Detailed analytical information for each system and

SECTION I - CONTRACT CLAUSES

(1) Pursuant to FAR 52.252-2, "CLAUSES INCORPORATED BY REFERENCE," the following clauses are incorporated herein by reference.

I. FEDERAL ACQUISITION REGULATION (1991 EDITION) (48 CFR CHAPTER 1) SOLICITATION PROVISIONS:

PARAGRAPH	TITLE
52.202-1	DEFINITIONS (OCT 1995) (FAC 90-32)
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 (JUL 1995) (FAC 90-29)
52.203-7	ANTI-KICKBACK PROCEDURES (JUL 1995) (FAC 90-29)
52.203-9	REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-- MODIFICATION (SEP 1995) (FAC 90-30)
52.203-10	PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (FAC 84-60)
52.203-12	LIMITATION ON PAYMENT TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990)
52.204-4	PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996) (FAC 90-39)
52.208-1	REQUIRED SOURCES FOR JEWEL BEARINGS AND RELATED ITEMS (APR 1984)
52.209-6	PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (FAC 90-29)
52.211-5	NEW MATERIAL (MAY 1995) (FAC 90-32)
52.211-7	OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT SURPLUS PROPERTY (MAY 1995) (FAC 90-32)
52.211-15	DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (SEP 1990) (FAC 90-32)
52.215-2	AUDIT AND RECORDS--NEGOTIATION (OCT 1995) (FAC 90-31)
52.215-23	PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA - MODIFICATIONS (OCT 1995) (FAC 90-32)
52.215-25	SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS (OCT 1995) (FAC 90-32)
52.215-26	INTEGRITY OF UNIT PRICES (OCT 1995) (FAC 90-32)
52.215-33	ORDER OF PRECEDENCE (JAN 1986)
52.215-42	REQUIREMENT FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1995) - MODIFICATION ALTERNATE III (OCT 1995) (FAC 90-32) (In the blank in subparagraph (c) insert "CD-ROM"
52.219-8	UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 1995) (FAC 90-32)
**52.219-9	SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996) (FAC 90-39)
**52.219-16	LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (OCT 1995) (FAC 90-32) (In the blank space, insert 0%)
52.222-1	NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1984)
52.222-20	WALSH-HEALEY PUBLIC CONTRACTS ACT (APR 1984)
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 (JUL 1990)
52.223-14	TOXIC CHEMICAL RELEASE REPORTING (OCT 1995) (FAC 90-34)
52.225-11	RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (MAY 1992) (FAC 90-11)
52.226-1	UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES (AUG 1991) (FAC 90-7)
52.227-1	AUTHORIZATION AND CONSENT (JUL 1995) (FAC 90-29)- ALTERNATE I (APR 1984)
52.227-2	NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (APR 1984)
52.227-10	FILING OF PATENT APPLICATIONS-CLASSIFIED SUBJECT MATTER (APR 1984)
52.227-12	PATENT RIGHTS--RETENTION BY THE CONTRACTOR (LONG FORM) (JUN 1989)
52.228-5	INSURANCE--WORK ON A GOVERNMENT INSTALLATION (SEP 1989)
52.229-3	FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) (FAC 90-3)
52.229-5	TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (APR 1984)
52.232-2	PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS (APR 1984)
52.232-8	DISCOUNTS FOR PROMPT PAYMENT (APR 1989)

** - These clauses are not applicable to contracts with contractors which have comprehensive subcontracting plans approved under the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

52.232-9	LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-11	EXTRAS (APR 1984)
52.232-16	PROGRESS PAYMENTS (JUL 1991) (FAC 90-5)
52.232-17	INTEREST (JAN 1991) (FAC 90-38)
52.232-23	ASSIGNMENT OF CLAIMS (JAN 1986) ALTERNATE I (APR 1984)
52.232-25	PROMPT PAYMENT (MAR 1994) (FAC 90-20)
52.232-28	ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (APR 1989)
52.233-1	DISPUTES (OCT 1995) (FAC 90-32) ALTERNATE I (DEC 1991) (FAC 90-10)
52.233-3	PROTEST AFTER AWARD (OCT 1995) (FAC 90-32)
52.234-1	INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III (FEB 1995) (FAC 90-23)
52.237-2	PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984)
52.242-4	CERTIFICATION OF INDIRECT COSTS (OCT 1995) (FAC 90-31)
52.242-13	BANKRUPTCY (JUL 1995) (FAC 90-29)
52.243-1	CHANGES--FIXED-PRICE (AUG 1987) ALTERNATE V (APR 1984)
52.243-6	CHANGE ORDER ACCOUNTING (APR 1984)
52.243-7	NOTIFICATION OF CHANGES (APR 1984) (In paragraphs (b) and (d) insert "Thirty (30)" days and "Thirty (30)" days, respectively. In paragraph (d) the term "Contracting Officer" shall be deemed to be revised to read "Procuring Contracting Officer".
52.244-1	SUBCONTRACTS (FIXED-PRICE CONTRACTS) (FEB 1995) (FAC 90-23) (In the blank in paragraph (e) insert TBD upon applicable contract modification])
52.244-6	SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (OCT 1995) (FAC 90-32)
52.245-2	GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (DEC 1989)
52.245-18	SPECIAL TEST EQUIPMENT (FEB 1993) (FAC 90-16)
52.245-19	GOVERNMENT PROPERTY FURNISHED "AS IS" (APR 1984)
52.249-2	TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (AUG 1996) (FAC 90-39)
52.249-9	DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT) (APR 1984)
52.252-2	CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
52.253-1	COMPUTER GENERATED FORMS (JAN 1991) (FAC 90-3)

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

PARAGRAPH	TITLE
252.203-7000	STATUTORY PROHIBITION ON COMPENSATION TO FORMER DEPARTMENT OF DEFENSE EMPLOYEES (NOV 1995) (DAC 91-9)
252.203-7001	SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995) (DAC 91-9)
252.203-7002	DISPLAY OF DOD HOTLINE POSTER (DEC 1991)
252.204-7000	DISCLOSURE OF INFORMATION (DEC 1991) (DAC 91-3)
252.204-7002	PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)
252.204-7003	CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (DAC 91-3)
252.205-7000	PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)
252.209-7000	ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995) (DAC 91-9)
252.209-7004	REPORTING OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994) (DAC 91-7)
252.211-7000	ACQUISITION STREAMLINING (DEC 1991) (DAC 91-9)
252.215-7000	PRICING ADJUSTMENTS (DEC 1991)
**252.219-7003	SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEC 1995) (DAC 91-3)
*252.219-7004	SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (TEST PLAN) (JUL 1995) (DAC 91-9)
**252.219-7005	INCENTIVE FOR SUBCONTRACTING WITH SMALL BUSINESSES, SMALL DISADVANTAGED BUSINESSES, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND MINORITY INSTITUTIONS (NOV 1995) (DAC 91-9)
252.223-7001	HAZARD WARNING LABELS (DEC 1991)
252.223-7002	SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994) (DAC 91-6)
252.223-7003	CHANGE IN PLACE OF PERFORMANCE--AMMUNITION AND EXPLOSIVES (DEC 1991)
252.223-7004	DRUG-FREE WORK FORCE (SEP 1988) (DAC 91-9)
252.223-7006	PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (APR 1993) (DAC 91-5)
252.225-7001	BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 1994) (DAC 91-6)
252.225-7002	QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 1991)
252.225-7008	SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY (DEC 1991) (In the blank spaces insert "None".)
252.225-7009	DUTY-FREE ENTRY--QUALIFYING COUNTRY END PRODUCTS AND SUPPLIES (DEC 1991) (DAC 91-7)

* - This clause is only applicable to contracts with contractors which have comprehensive subcontracting plans approved under the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

** - These clauses are not applicable to contracts with contractors which have comprehensive subcontracting plans approved under the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

252.225-7012	PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995) (DAC 91-9)
252.225-7014	PREFERENCE FOR DOMESTIC SPECIALTY METALS (NOV 1995) ALTERNATE I (DEC 1991)
252.225-7016	RESTRICTION ON ACQUISITION OF ANTIFRICTION BEARINGS (NOV 1995) (DAC 91-9)
252.225-7022	RESTRICTIONS ON ACQUISITION OF POLYACRYLONITRILE (PAN) BASED CARBON FIBER (DEC 1991)
252.225-7025	FOREIGN SOURCE RESTRICTIONS (APR 1993) (DAC 91-6)
252.225-7026	REPORTING OF CONTRACT PERFORMANCE OUTSIDE OF THE UNITED STATES (NOV 1995) (DAC 91-9)
252.227-7013	RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995) (DAC 91-9) (In paragraph (e) (3) reference table 5a, Attachment 5)
252.227-7014	RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL SOFTWARE DOCUMENTATION (JUN 1995) (DAC 91-8) (In paragraph (e) (3) reference table 5b, Attachment 5)
252.227-7016	RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995) (DAC 91-8)
252.227-7019	VALIDATION OF ASSERTED RESTRICTIONS - COMPUTER SOFTWARE (JUN 1995) (DAC 91-8)
252.227-7025	LIMITATIONS ON THE USE OF DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995) (DAC 91-8)
252.227-7027	DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)
252.227-7030	TECHNICAL DATA--WITHHOLDING OF PAYMENT (OCT 1988)
252.227-7036	CERTIFICATION OF TECHNICAL DATA CONFORMITY (MAY 1987) (DAC 91-8)
252.227-7037	VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (NOV 1995) (DAC 91-9)
252.231-7000	SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7004	DOD PROGRESS PAYMENT RATES (FEB 1996) (DAC 91-10)
252.232-7006	REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDINGS OF FRAUD (AUG 1992) (DAC 91-3)
252.233-7000	CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF (MAY 1994) (DAC 91-6)
252.235-7010	ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995) (DAC 91-7) (In the first blank paragraph (a) insert "United States Air Force, SMC/MV". In the second blank in paragraph (a) insert [Contract Number]. In the blank in paragraph (b) insert "United States Air Force, SMC/MV".)

252.235-7011	FINAL SCIENTIFIC OR TECHNICAL REPORT (MAY 1995) (DAC 91-7)
252.242-7000	POST AWARD CONFERENCE (DEC 1991)
252.242-7004	MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (DEC 1991)
252.243-7001	PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.245-7001	REPORTS OF GOVERNMENT PROPERTY (MAY 1994) (DAC 91-6)
252.249-7001	NOTIFICATION OF SUBSTANTIAL IMPACT ON EMPLOYMENT (MAY 1994) (DAC 91-6)
252.249-7002	NOTIFICATION OF PROPOSED PROGRAM TERMINATION OR REDUCTION (MAY 1995) (DAC 91-7)

(2) THE FOLLOWING ADDITIONAL FAR CLAUSES ARE APPLICABLE DURING THE PERFORMANCE OF THIS CONTRACT:

52.204-2 SECURITY REQUIREMENTS (APR 1984) (DEVIATION)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the [National] Industrial Security [Program Operating] Manual (DoD 5220.22-M), and (2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contact shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involves access to classified information.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

(3) THE FOLLOWING ADDITIONAL DOD FAR SUPPLEMENT CLAUSES ARE APPLICABLE DURING THE PERFORMANCE OF THIS CONTRACT:

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (AUG 1993) ALTERNATE I (AUG 1993)

(a) Contract line item 0001 is incrementally funded. The sum of $ * is presently available for payment and allotted to this contract. An allotment schedule is contained in paragraph (i) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor will not be obligated to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (i) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (i) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (i) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

* To be inserted in definitive contract

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligation of the parties concerning equitable adjustments negotiated under paragraph (d) or (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $* (month) (day), 199x $*

* To be inserted in definitive contract

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (DEC 1991)

(a) Definitions.

As used in this clause--

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S. flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor or vendor at any level below the prime Contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S. flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b) The Contractor shall employ U.S. flag vessels in the transportation by sea of any supplies to be furnished in the performance of this contract. The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign flag vessels, or designate available U.S. flag vessels, if the Contractor or a subcontractor believes that

(1) U.S. flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(c) The Contractor must submit any request for use of other than U.S. flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum:

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S. flag vessels, including points of contact (with names and telephone numbers) with at least two U.S. flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(d) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Division of National Cargo, Office of Market Development, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(e) The Contractor agrees to provide with its final invoice under this contract a representation that to the best of its knowledge and belief:

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S. flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S. flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on non-U.S. flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION

CONTRACT LINE ITEMS

QUANTITY

TOTAL

(f) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S. flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(g) The Contractor shall include this clause, including this paragraph (g), in all subcontracts under this contract, which exceed the small purchase limitation of Section 13.000 of the Federal Acquisition Regulation.

(4) THE FOLLOWING AIR FORCE FAR SUPPLEMENT CLAUSES ARE APPLICABLE DURING THE PERFORMANCE OF THIS CONTRACT:

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY (MAY 1996) -- AF FAR SUPPLEMENT

Thirty days before the date contractor operations will begin on base, the contractor shall

notify the security police activity shown in the distribution block of the DD Form 254, DOD

Contract Security Classification Specification, as to:

(a) The name, address, and telephone number of this contract company's representative

and designated alternate in the U.S. or overseas area, as appropriate;

(b) The contract number and military contracting command;

(c) The highest classification category of defense information to which contractor

employees will have access;

(d) The Air Force installations in the U.S. (in overseas areas, identify only the APO

number(s)) where the contract work will be performed;

(e) The date contractor operations will begin on base in the U.S. or in the overseas area;

(f) The estimated completion date of operations on base in the U.S. or in the overseas

area; and

(g) Any changes to information previously provided under this clause.

This requirement is in addition to visit request procedures contained in DOD 5220.22-M,

National Industrial Security Program Operating Manual.

5352.204-9001 VISITOR GROUP SECURITY AGREEMENTS (MAY 1996) --

AF FAR SUPPLEMENT

Prior to beginning operations involving classified information on an installation identified on

the DD Form 254 where the contractor is not required to have a facility security clearance,

the contractor shall enter into a security agreement (or understanding) with the installation

commander to ensure that the contractor's security procedures are properly integrated with

those of the installation. As a minimum, the agreement shall identify the security actions

which will be performed:

(a) By the installation for the contractor, such as providing storage and classified

reproduction facilities, guard services, security forms, security inspections under DOD

5220.22-M, classified mail services, security badges, visitor control, and investigating

security incidents; and

(b) Jointly by the contractor and the installation, such as packaging and addressing classifiedtransmittals, security checks, internal security controls, and implementing emergency

procedures to protect classified material.

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING

SUBSTANCES (ODS) (MAY1996) -- AF FAR SUPPLEMENT

(a) It is Air Force policy to preserve mission readiness while minimizing dependency on

Class I Ozone Depleting Substances (ODS), and their release into the environment, to help

protect the Earth's stratospheric ozone layer.

(b) Unless a specific waiver has been approved, Air Force procurements:

(1) May not include any specification, standard, drawing, or other document that requires theuse of a Class I ODS in the design, manufacture, test, operation, or maintenance of anysystem, subsystem, item, component, or process; and

(2) May not include any specification, standard, drawing, or other document that establishes arequirement that can only be met by use of a Class I ODS;

(c) For the purposes of Air Force policy, the following are Class I ODS:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and MethylBromide.

(d) The Air Force has reviewed the requirements specified in this contract to reflect this

policy. Where considered essential, specific approval has been obtained to require use of the

following substances:

Substance Application/Use Quantity (lbs)

NONE

(e) To assist the Air Force in implementing this policy, the contractor is required to notify the contracting officer if any Class I ODS not specifically listed above is required in

the performance of this contract.

5352.223-9001 SAFETY AND ACCIDENT PREVENTION (MAY 1995) -- AF FAR SUPPLEMENT

(a) In performing work under this contract on a Government installation, the Contractor shall--

(1) Conform to the specific safety requirements established by this contract;

(2) Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

(b) If this contract is performed on an Air Force installation, the Air Force Occupational Safety and Health Standards (AFOSH) developed in accordance with AFI 91-301, Air Force Occupational Safety, Fire Prevention, and Health Program in effect on the date of this contract, apply. If contract performance is on other than an Air Force installation, the Contractor shall comply with the safety rules of that Government installation, in effect on the date of this contract.

(c) The Contracting Officer may, by written order, direct additional AFOSH, safety and accident standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes Clause of this contract.

(d) Any violation of these safety rules and requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.235-9000 SCIENTIFIC/TECHNICAL INFORMATION (STINFO) (MAY 1996) -- AF FAR SUPPLEMENT

If not already registered, the Contractor shall register for Defense Technical Information Center (DTIC) service by contacting the following:

Defense Technical Information Center, DTIC/BCS 8725 John J. Kingman Road, Suite 0944 Fort Belvoir, VA 22060-6218 (703) 767-8273

To avoid duplication of effort and conserve scientific and technical resources, the Contractor shall search existing sources in the DTIC to determine the current state-of-the-art concepts, studies, etc.

(5) THE FOLLOWING AIR FORCE MATERIEL COMMAND FAR SUPPLEMENT CLAUSES ARE APPLICABLE DURING THE PERFORMANCE OF THIS CONTRACT:

5352.217-9025 ASSOCIATE CONTRACTOR AGREEMENTS (NOV 1995)

--AFMC FAR SUPPLEMENT

(a) The Contractor shall enter into associate contractor agreements for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement. The agreement(s) shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the EELV Pre-Engineering Manufacturing Development Module which will ensure the greatest degree of cooperation for the development of the program to meet the terms of the contract. Associate contractors will be identified by the Contractor and agreements will be entered into in accordance with this clause.

(b) Associate contractor agreements will include the following general information:

(1) Identify the associate contractors and their relationships;

(2) Identify the program involved and the relevant government contracts of the associate contractors;

(3) Describe the associate contractor interfaces by general subject matter,

(4) Specify the categories of information to be exchanged or support to be provided;

(5) Include the expiration date (or event) of the ACA;

(6) Identify potential conflicts between relevant government contracts and the ACA; include agreements of protection of proprietary data and restrictions on employees;

(c) A copy of such agreement shall be provided to the contracting officer for approval before execution of the document by the cooperating contractors.

(d) Nothing in the foregoing shall affect compliance with the requirements of the clause entitled "Organizational Conflict of Interest";

(e) The contractor is not relieved of any contract requirements of entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor;

(f) Liability for the improper disclosure of any proprietary data contained in or reference by any agreement shall rest with the parties to the agreement;

(g) All cost associated with the agreements are included in the negotiated cost of this contract. Agreements may be amended as required during the performance of this contract.

5352.228-9004 INSURANCE CLAUSE IMPLEMENTATION (FEB 1996)--AFMC FAR SUPPLEMENT

The contractor shall obtain and maintain the minimum kinds and amounts of insurance during performance of this contract as specified by FAR 28.307-2 and contemplated by FAR 52.228-5 and/or 52.228-7.

5352.243-9002 NOT-TO-EXCEED/NOT-LESS-THAN AGREEMENT (FFP) (NOV

1995) (AFMCAC 96-2)

(a) Prior to the issuance of a change order under this contract, the contractor shall promptly

furnish, upon request of the contracting officer, written agreement as to the maximum (in the

case of an increase) adjustments* to the contract price and/or in the delivery schedule (or time of performance), caused by the change.

(b) The contracting officer will also solicit such agreement on limitations to the adjustments

or to any other provisions of the contract which may be subject to equitable adjustment by

reason of the change. Any such written agreement shall then be cited in the change order and,

upon its issuance, shall be a binding part of the contract. In no event shall the definitive

equitable adjustment exceed the delivery schedule (or time of performance) adjustments so

established. All costs associated with the change order shall be segregated from other contract

costs until the change order has been definitized. Except with respect thereto, nothing

contained herein shall affect the rights of the parties to an equitable adjustment by reason of

the change, pursuant to the "Changes" clause.

* Or in the case of a reduction, a not-less-than amount for the price.

5352.245-9011 USE OF SPECIAL TOOLING/SPECIAL TEST EQUIPMENT ON A NON-INTERFERENCE BASIS (DEC 1995)--AFMC FAR SUPPLEMENT

The contractor is authorized to use during the performance of this contract on a rent-free, non-interference basis, the special tooling and special test equipment identified in attachment 6A. Non-interference means that use of the special tooling and/or test equipment will not interfere with the performance of the contract under which the property is accountable.

(6) THE FOLLOWING ADDITIONAL CLAUSE IS APPLICABLE DURING THE

PERFORMANCE OF THIS CONTRACT:

I.1 ENABLING CLAUSE FOR GOVERNMENT-CONTRACTED PROGRAM SUPPORT

(a) This contract, for the Pre-Engineering & Manufacturing Development (Pre-EMD) Module of the Evolved Expendable Launch Vehicle program, is managed by the Air Force Space and Missile Systems Center (SMC). The Air Force has entered into contracts with The Aerospace Corporation (Aerospace), bd Systems, Tecolote Research, Inc (Tecolote), and EarthTec, Inc (EarthTec) for performance of Technical Review (TR) tasks, General Systems Engineering and Integration (GSE&I), and environmental analysis in support of the SMC program office.

(1) TR is the process of appraising the technical performance of the Contractor through meetings, exchanging information on progress and problems, reviewing reports, evaluating presentations, reviewing hardware and software, witnessing and evaluating tests, analyzing plans for future work, evaluating efforts relative to contract technical objectives, and providing comments and recommendations in writing to the System Program Director as an independent technical assessment for his/her consideration for modifying the program or redirecting the Contractor's efforts to assure timely and economical accomplishment of program objectives.

(2) GSE&I encompasses overall system definition; integration both within the system and with associated systems; analysis of system segment and subsystem design; design compromises and trade-offs; definition of interfaces; review of hardware and software including manufacturing and quality control; observation, review, and evaluation of tests and test data; support of launch, flight test, and orbital operations; appraisal of the Contractors' technical performance through meeting with Contractors and subcontractors; exchange and analysis of information on progress and problems; review of plans for future work; developing solutions to problems; technical alternatives for reduced program risk, providing comments and recommendations in writing to the System Program Director and/or Project Officer as an independent technical assessment for consideration for modifying the program or redirecting the Contractors' efforts; all to the extent necessary to assure timely and economical accomplishment of program objectives consistent with mission requirements.

(3) The environmental analysis will consist of the preparation of appropriate documentation such as an Environmental Impact Statement as required by the National Environmental Policy Act. Consideration of the environmental impacts of the proposed action must be incorporated into the decision-making process. This is defined by 40 CFR Part 1500 et. seq. and includes public scoping meetings, public hearings, and public disclosure of certain information as required.

(b) In the performance of this contract, the Contractor agrees to cooperate with Aerospace, bd Systems, Tecolote, and EarthTec or successor contractors by responding to invitations from authorized personnel to attend meetings; by providing access to technical information and research, development and planning data such as, but not limited to, design and development analyses; test data and results; equipment and process specifications; test and test equipment specifications and procedures, parts and quality control procedures, records and data; manufacturing and assembly procedures; and cost, schedule, and milestone data, all in their original form or reproduced form; by delivering data or providing access as specified in the Contract Data Requirements List and Special Contract Requirement H.9; by discussing technical matters relating to this program; by providing access to Contractor facilities used in the performance of this contract; and by allowing observation of technical activities by appropriate technical personnel. The support personnel engaged in this technical review effort are authorized access to any technical information pertaining to this contract.

(c) The Contractor further agrees to include in each subcontract a clause requiring compliance by the subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (b) above, subject to coordination with the Contractor. This agreement does not relieve the Contractor of its responsibility to manage the subcontracts effectively and efficiently nor is it intended to establish privity of contract between the Government, Aerospace, bd Systems, Tecolote, or EarthTec and such subcontractors.

(d) Aerospace, bd Systems, Tecolote, and EarthTec personnel are not authorized to direct the Contractor in any manner. The Contractor agrees to accept technical direction only as follows:

(1) Technical direction under this contract will be given to the Contractor solely by SMC, through the EELV Procuring Contracting Officer.

(2) Whenever it becomes necessary to modify the contract and redirect the effort, a unilateral order citing Changes or other applicable authority will be issued by the Procuring Contracting Officer, or a Supplemental Agreement signed by both the Contracting Officer and the Contractor will be issued prior to the commencement of any changed work.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment	Document	Dated	# of Pages
1	System Performance Document (SPD)	96 Aug 30	86
2	Work Breakdown Structure (WBS) Dictionary	*	*
3	Statement of Objectives	96 Aug 30	3
4	Subcontracting Plan for Small and Small Disadvantaged Business Concerns	*	*
5	Rights in Technical Data and Computer Software	*	*
6	Government Furnished Property (GFP)	*	*
	Atch 6A - Special Tooling and Test Equipment	*	*
	Atch 6B - Government Furnished Property (Other)	*	*
7	Base Support	*	*
8	Contract Security Classification Specification (DD Form 254)	96 Aug 30	7
9	Design Review Definitions	96 Aug 30	3
Exhibit A	Contract Data Requirements List (CDRL)	*	*

*To be inserted by Offeror

ATTACHMENT 1

SYSTEM PERFORMANCE DOCUMENT (SPD)

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED 30 August 1996

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF __86_ PAGES

ATTACHMENT 2

WORK BREAKDOWN STRUCTURE (WBS)

DICTIONARY AND TREE

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

ATTACHMENT 3

STATEMENT OF OBJECTIVES (SOO)

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED 30 August 1996

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ___3___ PAGES

ATTACHMENT 4

Small Business and Small Disadvantaged Business Subcontracting Plan

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

ATTACHMENT 5

RIGHTS IN TECHNICAL DATA - NONCOMMERCIAL ITEMS

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

ATTACHMENT 6A

GOVERNMENT FURNISHED PROPERTY (GFP)

SPECIAL TOOLING AND TEST EQUIPMENT

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

ATTACHMENT 6B

GOVERNMENT FURNISHED PROPERTY (OTHER)

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

ATTACHMENT 7

BASE SUPPORT

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

ATTACHMENT 8

CONTRACT SECURITY CLASSIFICATION SPECIFICATION (DD FORM 254)

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED 30 August 1996

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF___7___ PAGES

ATTACHMENT 9

DESIGN REVIEW DEFINITIONS

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED 30 Aug 96

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF __3__ PAGES

EXHIBIT A

CONTRACT DATA REQUIREMENTS LIST (CDRL)

TO

CFI# F04701-96-R-0008

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) PROGRAM,

PRE-EMD MODULE

DATED xxxxx

(TO BE INSERTED BY OFFEROR)

THIS ATTACHMENT, INCLUDING THE

COVER, CONSISTS OF ______ PAGES

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