Standard Form 30 - Amendment Of Solicitation/modification Of Contract (Page 38 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-04-D-4147

HR18

36 of 38

by other provisions of this contract.

(vii)

A negotiation memorandum reflecting -

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining

the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor’s certified cost or pricing data were not

accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective

data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each

critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a

summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which

consent is not required under paragraph (b), (c), or (d) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract

nor approval of the Contractor’s purchasing system shall constitute a determination –

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-

of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR

15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of

any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in

litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the

Government.

(i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

Avian, LLC

Deloitte Consulting LLP

General Dynamics Information Technology (GDIT)

Science Applications International Corporation (SAIC)

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements (Dec 2010)

(a) Definitions. As used in this clause --

“Covered Subcontractor” means any entity that has a subcontract valued in excess of $1 million, except a subcontract for the

acquisition of commercial items, including commercially available off-the-shelf items.”

“Subcontract” means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or services

for performance of this contract or a higher-tier subcontract there under.”

(b) The Contractor --

(1) Agrees not to –

(i)

Enter into any agreement with any of its employees or independent Contractors that requires, as a condition of employment,

that the employee or independent Contractor agree to resolve through arbitration

(A)

Any claim under title VII of the Civil Rights Act of 1964; or

(B)

Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction

emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(ii)

Take any action to enforce any provision of an existing agreement with an employee or independent Contractor that mandates

that the employee or independent Contractor resolve through arbitration–

(A)

Any claim under title VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault

Standard Form 30 - Amendment Of Solicitation/modification Of Contract Page 38

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