21-JET-200_SOW.doc

Statement of Work (SOW) Electro-Mechanical Cable Assembly

1.0 INTRODUCTION

1.0.1 The Naval Surface Warfare Center Philadelphia Division (NSWCPD) is a Department of Defense entity responsible for research and development, test and evaluation, engineering and fleet support organization for the Navy’s ships, submarines, military watercraft and unmanned vehicles. This requirement is for NSWCPD Code 402, which is responsible for Propulsion, Power and Auxiliary Machinery Systems.

1.0.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied

1.0.3 Government/Contractor Relationship

1.0.3.1 The services to be delivered under this Contract are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the Contract between the Government and the Contractor's personnel. Therefore, it is in the best interest of the Government to provide both parties a full understanding of their respective obligations.

1.0.3.2 The Contractor employees shall identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishable badges or other visible identification for meetings with Government personnel. In addition, Contractor personnel shall appropriately identify themselves as Contractor employees in telephone conversations and in formal and informal written correspondence.

1.0.3.3 Contractor personnel under this Contract shall not engage in any of the inherently Governmental functions listed at FAR Subpart 7.5 or DFARS Subpart 207.5.

1.0.4 Employee Relationship:

1.0.4.1 The services to be performed under this Contract do not require the Contractor or its personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

1.0.4.2 Rules, regulations, directives, and requirements that are issued by the U. S. Navy and NSWCPD under its responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

1.0.4.3 Inapplicability of Employee Benefits: This Contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

1.0.4.4 It is the Contractor's, as well as the Government's, responsibility to monitor Contract activities and notify the Contracting Officer if the Contractor believes that the intent of this Section has been or may be violated.

1.0.4.4.1 The Contractor shall notify the Contracting Officer in writing via letter or email within three (3) calendar days from the date of any incident that the Contractor considers to constitute a violation of this Section. The notice should include the date, nature, and circumstances of the conduct; the name, function, and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct; identify any documents or substance of any oral communication involved in the conduct; and the Contractor's estimated date when, absent a response, cost, schedule or performance will be impacted.

1.0.4.4.2 The Contracting Officer will, within five (5) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

(i) Confirm the conduct is in violation and when necessary direct the mode of further performance,

(ii) Countermand any communication regarded as a violation,

(iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance, or

(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor.

1.1 BACKGROUND

The Propulsion, Power and Auxiliary Machinery Systems Department (Code 402) provides the US Navy with engineering required to maintain and increase propulsion, power, and auxiliary machinery system capabilities and upgrade/modernize systems to enhance fleet readiness. These improvements are installed on fleet hulls via Alteration Installation Teams (AIT’s), which are comprised of contractor personnel and NSWCPD technical representatives.

1.2 SCOPE OF WORK

1.2.1. The contractor shall fabricate, assemble and test up to a maximum of 115 Cable assemblies. Government plans to order approximately 20 Cable assemblies per year. Delivery times frames will be established at the order level and it is anticipated that delivery will be required within six months from issuance of an order. The contractor shall maintain PRO-20 Certification in accordance with section 2.4 for the life on the contract.

Each cable assembly shall consist of three discrete components:

(a) A subsea electro-mechanical communications cable complete with machined cable mounting components

(b) Dry-mate electrical connectors

(c) Water isolating, depth pressure splice material/kits

1.2.2 Manufacturing, Testing, and Quality Assurance (QA) procedures shall be developed for:

(a) Quality Assurance Program Plan (A003)

(b) Manufacturing Plan (A002) (c) Test and Inspection Plan (A004)

1.2.3 The contractor shall fabricate two prototypes that shall undergo First Article Testing (FAT). The prototypes consist of one Cable Assembly with a final length of 10’ (+1.0’/-0.0’) and another with a length of 1,500’ (+10.0’/-0.0’) 1.2.4 The contractor shall perform First Article Testing (FAT) on the two prototypes.

1.2.5.

Upon successful FAT, the contractor shall produce Cable Assemblies (Units) consistent with the approved design and production methods. A maximum of 115 will be produced.

2.0 APPLICABLE DOCUMENTS

2.1. NAVSEA Drawing No. 8603582, Rev. A

2.2. PS 8628115, Rev.

2.3. PS 8628116, Rev.

2.4. NAVSEA S9320-AM-PRO-020/MLDG REV 02, Molding and Inspection Procedures for Fabricating Connector Plugs

2.5. NAVSEA S9320-AM-PRO-030/MLDG REV 0, Plasma Spray Procedure

2.6. Cable Shipping – Storage Box Operating Procedures

2.7. SD-22, Diminishing Manufacturing Sources and Material Shortages Handbook

3.0 REQUIREMENTS

3.1. Pre-Fabrication Documentation

3.1.1. Prior to any fabrication, the contractor shall develop the following plans and procedures:

3.1.1.1. Quality Assurance Program Plan (CDRL A003)

3.1.1.2. Manufacturing Plan (CDRL A002)

3.1.1.3. Test and Inspection Plan (CDRL A004)

3.2. Component Procurement

3.2.1. Raw Cable (Rochester Wire and Cable; Cage 77870 ; P/N: A309011)

3.2.1.1. Contractor shall procure the raw cable directly from Rochester Wire and Cable LLC, in accordance with applicable reference 2.2 and the Manufacturing Plan (CDRL A002).

3.2.1.2. All material shall be compatible with a seawater environment.

3.2.1.3. The cable shall consist of seven conductive elements (wires).

3.2.1.4. The cable shall meet the following mechanical specifications:

3.2.1.4.1. Cable armor shall retain relative position when cut

3.2.1.4.2. Cable shall be torque balanced

3.2.1.4.3. Cable shall have a minimum breaking strength of 10,500 lbs

3.2.1.4.4. Outer diameter of completed cable assembly shall be 0.357"(±.004)

3.2.1.4.5. Fairing strips shall be made of non‐gloss black polyether urethane with a hardness of 90 ± 5 Shore A durometer and a minimum, tensile strength of 7,000 psi

3.2.1.4.6. Fairing strips shall be 7/16” wide by 6.00” long by .012” thick (all nominal)

3.2.1.4.7. Cable assembly operational temperatures shall meet -15°C to 50°C and non-operational (storage) temperatures of -62°C to 75°C

3.2.2. Dry-Mate Electrical Connector (Seacon; Cage; P/N: MSSK12CCP/MSSL12CCP)

3.2.2.1. Contractor shall procure dry-mate electrical connectors directly from Seacon, in accordance with applicable reference 2.1 and the Manufacturing Plan (CDRL A003).

3.2.3. Splice Assembly (Seal) (PMI Industries; Cage; P/N: 9210041)

3.2.3.1. Contractor shall procure the cable splice assembly directly from PMI Industries, in accordance with applicable reference 2.1 and the Manufacturing Plan (CDRL A003)

3.3. Component Testing

3.3.1. Raw Cable

3.3.1.1. Upon receipt of the raw cable, the contractor shall perform tests of the raw cable (ie., without connectors) in accordance with applicable reference 2.2, Table 2. Specifically:

3.3.1.1.1. Insulation Continuity

3.3.1.1.2. Insulation Resistance

3.3.1.1.3. Dialectic Withstanding Voltage

3.3.1.1.4. D.C. Resistance

3.3.1.1.5. Capacitance

3.3.1.1.6. Hydrostatic Integrity (Resistance)

3.3.1.1.7. Strength

3.3.1.1.8. Flexibility

3.3.1.1.9. Sheaves

3.3.1.1.10. Loading Conditions

3.3.1.2. The contactor shall provide the complete test results, indicating successful performance, to NSWCPD for acceptance. (CDRL A005)

3.4. Prototype Fabrication

3.4.1. Contractor shall fabricate two Unit prototypes in accordance with applicable reference 2.1 and the Manufacturing Plan (CDRL A002).

3.4.1.1. The prototypes consist of one Cable Assembly with a final length of 10’ (+1.0’/-0.0’) and another with a final length of 1,500’ (+10.0’/-0.0’)

3.4.1.2. Other than the cable length, all other aspects of the assemblies are identical (i.e., connectors, splices/seals and cable composition)

3.4.2. Manufacturing of prototypes shall be completed within 6 weeks after Government approval of the Manufacturing Plan (CDRL A002) and the Quality Assurance Program Plan (CDRL A003).

3.5. First Article Testing (FAT)

3.5.1. Contractor shall conduct FAT in accordance with applicable reference 2.3, the Test and Inspection Plan (CDRL A004) and SOW 2.7.2.1 (Full Tension Testing).

3.5.2. Testing of the prototypes shall be scheduled within 2 weeks (CDRL A007) and performed within 4 weeks after prototype fabrication is complete.

3.5.2.1. Contractor shall notify NSWCPD of date and location of FAT at least two weeks prior to testing event. (CDRL A007)

3.5.3. Upon completion of FAT, the contractor shall develop a report of the results and recommendations. (CDRL A006)

3.5.3.1. If the results of FAT produce changes to the manufacturing plan, the quality assurance plan, or the test and inspection plan, a repeat FAT event may be required.

3.5.3.2. If subsequent FAT is required, the contractor shall submit a report of the results and recommendations of each FAT event. (CDRL A006)

3.5.4. All destructive and non-destructive testing material shall be delivered to NSWCPD. Shipping and delivery of this material shall be in accordance with 3.9.

3.6. Unit Fabrication

3.6.1. Contractor shall fabricate each Unit in accordance with applicable references 2.1, 2.3, 2.5, 2.6, and the Manufacturing Plan (CDRL A003).

3.6.2. Each Unit shall be mounted and attached to a government furnished Cable Shipping/Storage Box (NAVSEA; Cage 53711; P/N: 8603581-1).

3.6.3. The contractor shall adhere to the following manufacturing requirements:

3.6.3.1. Dust caps shall be installed on Unit connectors unless work is being performed on the connector ends.

3.6.3.2. Machined cable parts shall be protected with bubble wrap or equivalent to prevent scratches and to protect during other operations such as grit blasting.

3.6.3.3. Per SOW 2.4, the polyurethane resin and hardener shall be degassed both when heated and at room temperature. Wood shall not be used to mix the compounds.

3.6.3.4. The contractor shall document the cable serial number and its corresponding cable box serial number. This documentation shall be submitted along with each Unit shipment/delivery.

3.6.3.5. Metal primer (PR-420) shall be applied to all metal surfaces of the staff, connector shell, and three grounding wires that will come into contact with polyurethane (IAW sections 4-3.4 and 4-6 of SOW 2.4) and shall be allowed to cure in accordance with manufacturer’s instructions. Primer shall not be applied to the ends of the grounding wires where they will be soldered to the connector.

3.6.3.6. Connector shell shall be treated with a metal primer (PR-420 or alternate per NAVSEA S9320-AM-PRO-030 MLDG Rev 03 procedures) in order to bond to a polyurethane injection molding material. Each connector will require 12 insert pins, and will be potted to an electromechanical cable using an injection-molded process.

3.6.3.7. Digital photographs shall be provided for all Units. Pictures shall show the cable’s condition (1) during manufacturing milestones, (2) when installed in the cable boxes prior to assembly, and (3) when installed in the cable boxes post-assembly. Photographs of the cables installed in boxes shall include views or text descriptions of the serial numbers for both the cable assembly and cable storage box. (CDRL A008)

3.7. Unit Testing

3.7.1. Contractor shall conduct Unit testing in accordance with applicable reference 2.3 and the Test and Inspection Plan (CDRL A004).

3.7.2. Full Length Tension Test

3.7.2.1. Contractor shall conduct a full-length tension test on all FAT cable and all production cable assemblies. Testing shall be conducted in accordance with the following steps:

3.7.2.1.1. Begin test at zero tension

3.7.2.1.2. Increase cable tension to 3,000 lbs. Hold for this tension for a minimum of 5 minutes.

3.7.2.1.3. Reduce tension to near zero and hold for 5 minutes minimum

3.7.2.1.4. Repeat the cycle 2 more times (steps a, b, and c). Dwell times shall be identical for all 3 cycles.

3.7.2.1.5. Increase cable tension to 3,000 lbs and hold for 1 hour minimum

3.7.2.1.6. After cable tension has been held for 1 hour, maintain 3,000 lbs of tension and measure insulation resistance at 500 VDC.

3.7.2.1.7. Contractor shall measure and record DC resistance during the course of all steps.

3.7.2.2. The full length of cable shall be simultaneously loaded to the test tension. It is not acceptable to tension sections of the cable. Any cable bend radii shall be a minimum of 18” with coefficients of friction and groove diameters as required in document (2.2) table 2, section 6.1. Tension testing must occur prior to hydrostatic testing.

3.7.3. At conclusion of Unit testing and Full-length Tension testing, the contractor shall develop a report of the results. (CDRL A005)

3.8. Quality Assurance (QA)

3.8.1. The contractor shall adhere to the following QA requirements:

3.8.1.1. Equipment calibration requirements shall be identified in the inspection and testing section of the Quality Assurance Program Plan (CDRL A003). Equipment calibration testing data shall be identified in the Calibration Report (CDRL A009).

3.8.1.2. A review and sign-off authentication that all fabrication steps have occurred shall be provided in the Certificate of Compliance (CDRL A010).

3.8.1.3. In accordance with applicable reference 2.3, Environmental conditions such as temperature, atmospheric pressure, and relative humidity during test and curing events shall be documented to ensure consistency for all cable production activities. (CDRL A011)

3.8.1.4. In accordance with applicable references 2.1-2.3, raw cable, cable assembly, and molding dimensional checks are required for all cables. Contractor shall clearly distinguish between required dimensions and actual measured dimensions. (CDRL A011).

3.8.1.5. The contractor shall verify connector fit check and keyway locations. Assure mating connectors are in good working condition, pin contacts are straight and not recessed. The connectors shall mate without binding or excessive force. (CDRL A011).

3.8.1.6. Any cable with out-of-tolerance dimensions, as well as physical defects (kinking, armor displacement, etc.), or electrical defects (DC resistance, capacitance, etc) shall be documented and submitted to the Government (CDRLS A011 and A012).

3.8.1.7. The contractor shall conduct visual inspection of all moldings. Acceptable molds are free of flash, blowholes, cloudiness or other imperfections. Small bubbles that form on the face and top surface are not be a cause for rejection provided the molds are in accordance with applicable document 2.3. Any bubbles present in the molding shall be documented and submitted to the government with pictures for approval prior to proceeding with any fabrication activities (CDRLs A008 and A012).

3.9. Shipping and Handling

3.9.1. Each cable assembly shall be installed onto a GFM cable box (NAVSEA; Cage 53711; P/N: 8603581-1) and shipped to the designated delivery address. NSWCPD will perform a final verification and approval of a sample size of cables (if shipped as a lot).

3.9.2. Connectors and pigtails shall be fixed securely with heavy-duty zip ties on both sides of the spool on the inside of the spool flanges.

3.9.3. Connectors, staff hardware, and drum side hardware shall be orientated to allow access for Government QA inspection without unspooling the cable reels.

3.9.4. Connectors shall be covered in protective wrap to ensure no damage during shipping.

3.9.5. Cables shall be installed onto the cable box with the staff and fairing end installed first.

3.9.6. Completed cable assemblies shall be reeled and stored onto the GFM cable boxes per the equipment requirements, safety cautions, and user procedures outlined in SOW 2.6. Ensure reel locking pins and drag assembly are properly installed to prevent reel rotation during transit.

3.9.7. All Units will be shipped to the Mechanicsburg, PA geographical area. The specific shipping/delivery location will be specified in each individual order.

3.10. GOVERNMENT FURNISHED MATERIAL/EQUIPMENT (GFM/GFE)

3.10.1. The following consumable material shall be delivered to the contractor upon award:

Consumable GFM

3.10.1.1. Unused consumables will be returned to NSWCPD upon completion of the contract or upon request by NSWCPD.

3.10.1.2. The Government will provide initial quantity of item N-1, the contractor will be responsible for procuring remaining required equipment after GFM is consumed.

3.10.2. The following non-consumable equipment shall be delivered to the contractor upon award:

Non-Consumable GFE

3.10.2.1. The Air Motor and Dummy Plugs will be provided to the contractor to facilitate FAT and Unit testing.

3.10.2.2. The contractor shall return this GFE to NSWCPD within 15 days of the completion of the contract or upon request by NSWCPD.

4.0 DATA DELIVERABLES

Digital submittals will be delivered via DOD safe at the website safe.apps.mil. Request access for a secure drop from the TPOC. Uploaded files shall be encrypted with a minimum 16-character passphrase.

4.1. Status Report (CDRL A001)

4.1.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.1.2. The CDRL shall be delivered electronically, unless otherwise stated, and while Contractor’s format is acceptable, Government’s approval is required from the COR.

4.2. Manufacturing Plan (CDRL A002)

4.2.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.3. Quality Assurance Program Plan (CDRL A003)

4.3.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.4. Test and Inspection Plan (CDRL A004)

4.4.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.4.2. Refer to Sections 3.5.1 and 3.7.1.

4.5. Acceptance Test Report (CDRL A005)

4.5.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.5.2. Refer to Sections 3.3.1.2 and 3.7.3.

4.6. Test/Inspection Report (CDRL A006)

4.6.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.7. Notification of Test/Trials (CDRL A007)

4.7.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.8. Unit Pictures (CDRL A008)

4.8.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.9. Calibration Report (CDRL A009)

4.9.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.10. Certificate of Compliance (CDRL A010)

4.10.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.11. Final Inspection Report (CDRL A011)

4.11.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.12. Request for Wavier (CDRL A012)

4.12.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.13. Counterfeit Prevention Plan (CDRL A013)

4.13.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.14. Government Furnished Property Inventory Baseline Report (CDRL A014)

4.14.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.15. Risk Management Status Report (CDRL A015)

4.15.1. This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

5.0 PLACE OF PERFORMANCE

The contractor's primary place of performance shall be at contractor’s facilities. It is expected that 100% of the work will occur off-site at the contractor facility.

6.0 Counterfeit Material Prevention

See Appendix A.

6.1 Electronic End-Items

Not applicable to this contract.

6.2 Non-Electronic Materiels

6.2.1 Department of the Navy contractors (and their subcontractors at all tiers) who obtain critical or high risk materiel shall implement a risk mitigation process as follows:

6.2.1.1 If the materiel is currently in production or currently available, materiel shall be obtained only from authorized suppliers

6.2.1.2 If the materiel is not in production or currently available from authorized suppliers, materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria

6.2.1.3 Contractor shall notify the contracting officer when critical or high risk materiel cannot be obtained from an authorized supplier;

6.2.1.4 Contractor shall take mitigating actions to authenticate the materiel if purchased from an unauthorized supplier

6.2.1.5 Contractor shall report instances of counterfeit and suspect counterfeit materiel to the contracting officer and the GIDEP as soon as the contractor becomes aware of the issue.

7.0 SPECIAL REQUIREMENTS

7.1 Risk Management

7.1.1 The contractor shall develop an internal risk management program and work jointly with the TPOC to develop an overall risk management program.

7.1.2 Assign responsibility for risk mitigation activities, and monitor progress through a formal tracking system.

7.1.3 Conduct risk identification and analysis during all phases of the program, including proposal development. Develop appropriate risk mitigation strategies and plans.

7.1.4 Use projected consequences of high probability risks to help establish the level of management reserve and schedule reserve.

7.1.5 Assess impact of identified performance, schedule and costs risks to estimate at completion, and include in the estimate as appropriate. Develop a range of estimates (best case, most likely, worst case).

7.1.6 The Contractor shall capture risks and associated mitigation plans in a risk database and provide status updates to the Government for all documented risks upon request. (CDRL A015) Appendix A

-COUNTERFEIT MATERIAL

Reference: (COUNTERFEIT MATERIEL PROCESS GUIDEBOOK, Office of the Assistant Secretary of the Navy (Research, Development & Acquisition) Acquisition and Business Management June 2017, Appendix D)

11.1.1 Counterfeit Parts and Materials Planning

The contractor planning shall document procedures and processes to minimize the risk of procuring and/or using counterfeit parts and materials, and their process for detecting counterfeit materiel in the event it is procured. This requirement applies to both new/modified and existing mission and safety critical hardware. SAE AS5553 contains information regarding the detection, avoidance, and mitigation of counterfeit electronic components, and may be used as a reference document for the development of the plan.

11.1.2 Counterfeit Parts and Materials System

System criteria. A counterfeit electronic part detection and avoidance system shall include risk-based policies and procedures that address, at a minimum, the following areas:

· The training of personnel.

· The inspection and testing of electronic parts, including criteria for acceptance and rejection. Tests and inspections shall be performed in accordance with accepted Government- and industry-recognized techniques. Selection of tests and inspections shall be based on minimizing risk to the Government. Determination of risk shall be based on the assessed probability of receiving a counterfeit electronic part; the probability that the inspection or test selected will detect a counterfeit electronic part; and the potential negative consequences of a counterfeit electronic part being installed (e.g., human safety, mission success) where such consequences are made known to the Contractor.

· Processes to abolish counterfeit parts proliferation.

· Risk-based processes that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic parts are supplied as discrete electronic parts or are contained in assemblies, in accordance with paragraph (c) of the clause at 252.246-7008, Sources of Electronic Parts (also see paragraph (c)(2) of this clause).

· Use of suppliers in accordance with the clause at 252.246-7008.

· Reporting and quarantining of counterfeit electronic parts and suspect counterfeit electronic parts. Reporting is required to the Contracting Officer and to the Government-Industry Data Exchange Program (GIDEP) when the Contractor becomes aware of, or has reason to suspect that, any electronic part or end item, component, part, or assembly containing electronic parts purchased by the DoD, or purchased by a Contractor for delivery to, or on behalf of, the DoD, contains counterfeit electronic parts or suspect counterfeit electronic parts. Counterfeit electronic parts and suspect counterfeit electronic parts shall not be returned to the seller or otherwise returned to the supply chain until such time that the parts are determined to be authentic.

· Methodologies to identify suspect counterfeit parts and to rapidly determine if a suspect counterfeit part is, in fact, counterfeit.

· Design, operation, and maintenance of systems to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts. The Contractor may elect to use current Government- or industry-recognized standards to meet this requirement.

· Flow down of counterfeit detection and avoidance requirements, including applicable system criteria provided herein, to subcontractors at all levels in the supply chain that are responsible for buying or selling electronic parts or assemblies containing electronic parts, or for performing authentication testing.

· Process for keeping continually informed of current counterfeiting information and trends, including detection and avoidance techniques contained in appropriate industry standards, and using such information and techniques for continuously upgrading internal processes.

· Process for screening GIDEP reports and other credible sources of counterfeiting information to avoid the purchase or use of counterfeit electronic parts.

· Control of obsolete electronic parts in order to maximize the availability and use of authentic, originally designed, and qualified electronic parts throughout the product’s life cycle.

11.1.3 Preventing Counterfeit Parts and Materials

The Contractor shall take steps as defined in DFARS 252.246-7007 and herein to minimize the risk of receiving counterfeit parts and materials. The Contractor shall:

• Maximize availability of authentic, originally designed and/or qualified parts throughout the product’s life cycle, including management of parts obsolescence

• Assess potential suppliers to minimize the risk of receiving counterfeit parts or materials

• Maintain a listing of approved suppliers with documented criteria for approval and removal of suppliers from the list

• Have purchasing procedures which require the selection of parts and materials from OM or authorized suppliers whenever possible

• Require a certificate of compliance and supply chain traceability for all electronic part purchases, and provide to the Government upon request

• Use Government or industry services such as GIDEP and other commercially available services to identify part or supplier quality or authenticity problems

• Define minimum inspection and test requirements for parts being procured from unauthorized suppliers, and shall ensure that in-house, third-party, and/or distributor inspection and test procedures and facilities comply with these requirements

• Incorporate procurement clauses which plainly identify quality requirements and liability to all approved suppliers

• Flow the requirements above to affected Subcontractors

SAE AS6174 contains information regarding the detection, avoidance, and mitigation of counterfeit materiel, and may be used as a reference document for meeting the above steps.

Parts and materials shall not be purchased from unauthorized sources (e.g. independent distributor or broker) unless there is no other means for procurement. In isolated cases when an unauthorized supplier is the only possible choice for procurement, an Unauthorized Supplier Purchase Report (CDRL XXXX) shall be provided to the Contracting Officer and program office.

The report shall contain the following information:

• Reason why an authorized supplier or original component manufacturer (OM) could not provide the part or material

• Product certificate of conformance with traceability to the OM, if available

• Verification and authenticity data results (e.g., visual inspection, marking/surface finish permanency, DPA, Scanning Acoustic Microscopy, Energy Dispersive X-Ray Spectroscopy, Fourier Transform Infrared (FTIR) Spectroscopy, Rockwell Hardness Test, etc.) SAE AS5553 contains information regarding the detection, avoidance, and mitigation of counterfeit electronic components, and may be used as a reference document for meeting the above steps.

11.1.4 Counterfeit Parts and Materials

The Contractor shall provide a Counterfeit Prevention Plan (CDRL A013) that documents procedures to minimize the risk of procuring and/or using counterfeit parts and materials. This plan shall be in accordance with DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detention and Avoidance. Solicitations and subcontracts for all suppliers shall contain a requirement for procedures to minimize the risk of procuring and/or using counterfeit parts and materials.

11.1.4.1 Preventing Counterfeit Parts and Materials

The Contractor shall implement steps as defined in DFARS 252.246-7007 to minimize the risk of receiving counterfeit parts and materials. Parts and materials shall not be purchased from unauthorized suppliers (e.g. independent distributor or broker) unless there is no other means for procurement. In isolated cases when an unauthorized supplier is the only possible choice for procurement, a Technical Report – Study/Services, Unauthorized Supplier Purchase Report

(CDRL XXXX) shall be provided to the contracting officer and the program office. The report shall contain the following information:

• Reason why an authorized supplier or OM could not provide the part or material

• Product certificate of conformance with traceability to the OM, if available

• Verification and authenticity data results (e.g., visual inspection, marking/surface finish permanency, Differential Power Analysis (DPA), Scanning Acoustic Microscopy, Energy Dispersive X-Ray Spectroscopy, Fourier Transform Infrared (FTIR) Spectroscopy, Rockwell Hardness Test, etc.)

SAE AS5553 contains information regarding the detection, avoidance, and mitigation of counterfeit electronic components, and may be used as a reference document for meeting the above steps.

11.1.5 Counterfeit Parts and Materials

The following minimum processes shall be implemented and flowed down by the Contractor to all subcontractors. In order to minimize the risk of use of counterfeit parts, spare parts and associated equipment;

The contractor shall establish processes to minimize the risk of procuring and using counterfeit parts and materials. The contractor shall document these processes and provide those documented processes to Government representatives upon request.

At a minimum, these processes shall ensure that:

• All components for electronic assemblies and subassemblies are purchased from Original Manufacturer (OM), authorized suppliers, or franchised distributors; At a minimum, the contractor shall ensure that procurement practices and processes to purchase and install components from OM, authorized suppliers, or franchised distributors are flowed down to subcontractors and suppliers at all tiers

• A counterfeit Prevention Plan shall be generated in accordance with DI-MISC-81832

Counterfeit Prevention Plan, and that the requirements of this DID and AS5553 are flowed down to all subcontractors and suppliers in this effort;

• The Contractor shall maximize the use of authentic, originally designed and/or qualified parts

• The contractor shall assess potential suppliers to minimize the risk of receiving counterfeit parts or materials

• The contractor shall have purchasing procedures which confirm whether a selected supplier is authorized (as defined in SAE AS5553) for each purchase

• The contractor shall define minimum inspection and test requirements for parts being procured and shall ensure that in-house, third-party, and/or supplier inspection and test procedures and facilities comply with the requirements of this section. These minimum inspection and test requirements shall specify appropriate test methods to detect potential counterfeit parts and materials

• The contractor shall require a certificate of conformance (as defined in SAE AS5553) and supply chain traceability for all electronic part purchases

• The contractor shall use government or industry services such as GIDEP and other commercially available services to identify part or supplier quality or authenticity problems. The Contractor shall notify the Contracting Officer of the occurrence of a confirmed counterfeit part or material and the actions taken to identify, contain, and impound all product from the lot, within 7 working days of confirmation of the counterfeit status. The Contractor shall flow down a requirement for similar notification from Subcontractors or suppliers at any tier to the Contractor. The contractor shall initiate and submit an ALERT to the Government- Industry Data Exchange Program (GIDEP) within 60 days of knowledge of the counterfeit part or material. Counterfeit parts are defined in SAE Aerospace Standard 5553. Counterfeit parts may be electronic or mechanical in nature. Counterfeit electronic parts may typically be used parts which have been refurbished and represented as new. Commonly counterfeited electronic parts include parts such as microcontrollers or specially screened devices, or common parts, which have several pin-compatible versions from multiple manufacturers, such as memory devices and operational amplifiers. Counterfeit mechanical parts are typically improperly made, marked, or treated products. Examples are improper anodization or heat treatments (or falsified data), mismarked parts sold as higher grade steel, or used/fake parts such as valves or circuit breakers.

11.1.6 Data Item Description

Data Item Description (DID) DI-MISC-81832, Counterfeit Prevention Plan: This DID describes the format and content of a contractors “Counterfeit Prevention Plan,” and should be used by the procurement activity when requesting delivery of a counterfeit prevention plan.

11.1.7 Grey Market Statement (For CISCO Equipment)

Reseller and Equipment Qualification: Reseller shall certify that it is a CISCO Authorized Channel Partner as of the date of the submission of their offer, and that it has the certification/specialization level required by the Manufacturer to support both the product sale and product pricing, in accordance with the applicable Manufacturer certification/specialization requirements: Please provide proof of certification level with your quote submission. If proof of certification level is not provided with your quote submission, your quote may be considered non‐responsive. Vendor shall warrant that the products are NEW and in their original UNOPENED box. Only CISCO installed and configured components are acceptable. Installation and / or configuration of third party components, or installation and / or configuration of OM components by any other than CISCO are NOT acceptable. The Vendor confirms to have sourced all Manufacturer products submitted in this offer from Manufacturer or through

Manufacturer Authorized Channels only. Vendor shall provide Buyer with a copy of the End User license agreement pre‐award, and shall certify that all Manufacturer software is licensed originally to Buyer as the original licensee authorized to use the Manufacturer Software. Only authentic OM equipment and support services sourced from authorized OM channels are acceptable. Equipment, materials, and services not meeting the above stated qualifications are not acceptable and will be returned to the reseller.

11.1.8 Containing Counterfeit Parts and Materials

Suspect counterfeit parts and materials shall be impounded with all other items from the same lot. The contractor shall identify and locate all potential users or hardware items with the suspect part or material, and contain product which has this suspect product, pending confirmation of the part or material’s authenticity. The OM may be involved at this point in order to verify authenticity. Confirmed counterfeit material shall be contained and provided to investigative agencies for ongoing investigation or prosecution. The counterfeit product shall not be scrapped or otherwise disposed of without approval from investigative authorities or the program office. Confirmed counterfeit product shall not be returned or handled in a way which would allow its resale or reuse. Suspect counterfeit parts or materials whose authenticity (or lack of) cannot be definitively determined, shall be dispositioned via Material Review Board (MRB).

11.1.9 Reporting Counterfeit Parts and Materials

The prime contractor and program office shall be notified of the occurrence of a suspect or confirmed counterfeit part or material, and the actions taken to identify, contain, and impound all product from the lot. The contractor shall also contact the OM, and supplier if applicable. The contractor shall initiate and submit an ALERT to the Government-Industry Data Exchange Program (GIDEP) within 60 days of knowledge of the counterfeit part or material. The contractor shall notify the appropriate parties to document the case for legal action if required (e.g., contracting officer, DOD Office of Inspector General).

11.1.10 Nonconforming Material and Parts

Electrical components which fail during production or acceptance testing shall be assessed to determine if the supplier of the part was an authorized supplier for the manufacturer. Analysis of these failures shall include assessment of part authenticity (potential of being counterfeit or fraudulent).

11.1.11 Warranty “Counterfeit”

11.1.11.1 Seller warrants the goods delivered pursuant to this Contract, unless specifically stated otherwise in this Contract, shall (i) be new (ii) be free from defects in workmanship, materials, and design and (iii) be in accordance with all the requirements of this Contract. Seller further warrants that the performance of work and services shall conform with the requirements of this Contract and to high professional standards. All warranties in this Contract shall survive inspection, test, final acceptance and payment of goods and services.

11.1.12.1 Unless Buyer expressly identifies the goods that are procured under this Contract as nontechnical and for Buyer’s internal use only, Seller warrants without limitation as to time that the goods delivered pursuant to this Contract shall (i) be and only contain materials obtained directly from the OM or an authorized OM reseller or distributor (collectively, an Authorized

Distributor); (ii) not be or contain Counterfeit Items or Suspect Counterfeit Items, as defined below; and (iii) contain only authentic, unaltered OM labels and other markings. Seller shall obtain and retain all documentation required to fully trace the distribution and sale of the goods delivered hereunder back to the relevant OM, and, on request of Buyer, shall provide such authenticating documentation. Counterfeit Item means an unlawful or unauthorized reproduction, substitution, alteration, or the false identification of grade, serial number, lot number, date code, or performance characteristic, that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the OM, an Authorized Distributor, or an Aftermarket Manufacturer as defined in SAE AS5553 “Counterfeit Electronic Parts;

Avoidance, Detection, Mitigation, and Disposition” (Authorized Aftermarket Manufacturer). A Suspect Counterfeit Item means an item for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the item is authentic. Seller warrants that it will not act as or engage an independent distributor, non-authorized distributor, non-franchised distributor, non-authorized supplier, or non-authorized reseller (collectively, Broker), to assist it in delivering goods pursuant to this Contract unless the Buyer provides prior written approval to do so. Any Seller request to procure from a Broker shall include complete and compelling support for such request and shall include all actions completed by Seller to ensure the goods thus procured are not Counterfeit Items. Seller’s supporting documentation shall include: (i) results of authentication test and analysis conducted (reference SAE AS5553 ), (ii) traceability with identification of all supply chain intermediaries wherever such traceability exists, and (iii) identification of and traceability to the source for any remarked or resurfaced material. Seller shall include the substance of this Section in any agreement between Seller and

Seller’s lower tier subcontractors, including in any agreement between Seller and Seller’s Broker, and Seller shall cause Seller’s lower tier subcontractors and Seller’s Broker to include the substance of this Section in all agreements with any of their lower tier subcontractors.

11.1.12.2 Unless Buyer expressly identifies the goods that are procured under this Contract as nontechnical and for Buyer’s internal use only, Seller, as OM, Authorized Distributor, Authorized Aftermarket Manufacturer or Broker approved by Buyer, further warrants that it has and shall maintain a Counterfeit Item risk mitigation process, internally and with its suppliers, (reference SAE AS5553), for goods delivered hereunder, and in accordance with the standards or instructions set forth in any Buyer’s specifications and other required provisions and specifications incorporated into this Contract. Buyer shall have the right to audit, inspect, and / or approve the processes at any time before or after delivery of the goods ordered hereunder. Seller shall provide evidence of the Seller’s risk mitigation process to Buyer upon request. Buyer shall have the right to require changes to the processes to conform with Buyer’s defined standards, if any. Seller and Seller's lower-tier subcontractors that are allowed access to the US Government

Industry Data Exchange Program (GIDEP) shall participate in monitoring GIDEP reports and Seller shall act on GIDEP reports that affect product delivered to Buyer. Seller shall immediately notify Buyer with the pertinent facts if Seller becomes aware of or suspects that items delivered for the Contract are, or contain, suspect or confirmed counterfeit items. Failure of the Seller or any of its lower-tier subcontractors to conform its processes with Buyer’s defined standards may result in the termination of this Contract in accordance with the termination provisions set forth herein. If, during Buyer’s inspection procedures, a good delivered hereunder is discovered to be a Counterfeit Item or Suspect Counterfeit Item, Buyer shall have the right to quarantine the good for further investigation of its authenticity. Buyer’s investigation may include the participation of third parties or governmental investigative agencies as required by law or regulations by Buyer’s customer, or by Buyer, in its sole discretion. The Seller and/or the Seller’s lower-tier subcontractors shall cooperate in good faith with any investigation conducted by Buyer, including, but not limited to, cooperation by Seller’s or Seller’s lower-tier subcontractor’s staffs responsible for the maintenance and disclosure of all design, development, manufacturing, and traceability records with respect to the good in possession of Seller or Seller’s lower-tier subcontractor. Upon Buyer’s request, Seller shall provide Buyer certificates of conformance with respect to the goods delivered. Buyer shall not be required to return the good to the Seller during the investigation process or thereafter. Buyer shall not be liable for payment to Seller of the price of any Suspect Counterfeit Items under investigation. When so authorized by Buyer, Seller shall be responsible for counterfeit risk mitigation testing and providing traceability identifiers (i.e. Date Code / Lot Code, Serial number) for Broker procured parts, and identifying items delivered to Buyer that contain such parts. If Buyer determines in its sole discretion that there is credible evidence after visual inspection, testing, or other information that a good delivered under this Contract may have been misrepresented by the Seller or Seller’s lower-tier subcontractor and constitutes a Counterfeit Item or Suspect Counterfeit Item, Seller, or its lower-tier subcontractor, shall, if directed by Buyer to do so, issue a GIDEP alert and shall ensure suspect or confirmed Counterfeit Items are not delivered to Buyer. Buyer reserves its right hereunder, to issue its own GIDEP alert if, after investigation, Buyer concludes, in its sole estimation, that a good is a Counterfeit Item or Suspect Counterfeit Item. Seller shall include the substance of this Section in any agreement between Seller and Seller’s lower tier subcontractors, including in any agreement between Seller and Seller’s Broker, and Seller shall cause Seller’s lower tier subcontractors and Seller’s Broker to include the substance of this Section in all agreements with any of their lower tier subcontractors.

11.1.12.3 Seller warrants without limitation as to time that any hardware, software and firmware goods delivered under this Contract: (i) shall not contain any viruses, malicious code, Trojan horse, worm, time bomb, self-help code, back door, or other software code or routine designed to: (a) damage, destroy or alter any software or hardware; (b) reveal, damage, destroy, or alter any data.

11.1.13 Counterfeit Mitigation

Seller warrants that the goods delivered pursuant to this Contract shall (i) be and only contain materiels obtained directly from the OM or an authorized OM reseller or distributor; (ii) not be or contain Counterfeit Items, as defined below; and (iii) contain only authentic, unaltered OM labels and other markings. Seller shall obtain and retain all documentation required to fully trace the distribution and sale of the goods delivered hereunder back to the relevant OM, and, on request of Buyer, shall provide such authenticating documentation. Counterfeit Items include, but are not limited to, goods or separately-identifiable items or components of goods that: (i) are an illegal or unauthorized copy or substitute of an OM item; (ii) are not traceable to an OM sufficient to ensure authenticity in OM design and manufacture; (iii) do not contain proper external or internal materials or components required by the OM or are not constructed in accordance with OM design; (iv) have been re-worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OM design but not disclosed as such or are represented as OM authentic or new; (v) have not passed successfully all OM required testing, verification, screening, and quality control processes; or (vi) an item with altered or disguised documentation, package labeling, or item marking intended to mislead a person into believing a non-OM item is genuine, or that an item is of better or different performance when it is not. Seller further warrants that it has and shall have an internal Counterfeit Item control process for goods delivered hereunder in accordance with the standards or instructions set forth in any Buyer's specifications, including but not limited to specifications, or other provisions incorporated into this Contract. Buyer shall have the right to audit, inspect, and / or approve the processes at any time before or after delivery of the goods ordered hereunder. Buyer shall have the right to require changes to the processes to conform to Buyer's defined standards, if any. Failure of the Seller to conform its processes to Buyer's defined standards may result in the termination of this Contract in accordance with the termination provisions set forth herein.