23-SIMACQ-PD-1410-0104_C7_RFQ_N6449824Q5020-Final.pdf

SEE ADDENDUM

(No Collect Calls)

N6449824Q5020 07-Dec-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

05:00 PM 13 Dec 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N644989. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUDITH SECODA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER PHILA

CODE 0223, JUDY SECODA

JUDITH.A.SECODA.CIV@US.NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00151 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL FOUNDRY & PROPELLER CENTER

THOMAS NEHER

2003 CONSTITUTION AVE. BUILDING 1081

PHILADELPHIA PA 19112

TEL: FAX:

FAX:

TEL: 267-854-4182

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

334513

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF87

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

TITLE: NX POST PROCESSOR AND VIRTUAL TWIN 1YR MAINTENANCE LOCATED AT THE

NAVAL FOUNDRY AND PROPELLER CENTER (NFPC), PHILADELPHIA, PA

A. This acquisition will result in the award of a Firm Fixed Price service contract (SCA Wages apply).

B. Acquisition is a sole source to Empire Dynamics Machinery, LLC (CAGE 8Z7N4).

C. The Request for Quotation (RFQ) is due on or before the date/time listed in Block 8 and all required documents shall be emailed to judith.a.secoda.civ@us.navy.mil.

D. All questions pertaining to the RFQ shall be emailed to judith.a.secoda.civ@us.navy.mil no later than the date/time listed in L-215-H007. Questions received after this time may not be accepted.

E. The contractor shall be registered in “System for Award Management (SAM)” in order to be eligible for award.

F. The Naval Surface Warfare Center Philadelphia Division (NSWCPD) is requiring contractors to complete the NIST SP 800-171 Assessment. Therefore, the contractor who will be awarded this contract SHALL have a completed assessment or the contractor will NOT be eligible for an award.

Guidance is contained in the Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012, 252.204-7019, and 252.204-7020. There are also FAQ’s and step-by-step instructions located at the following website: https://www.sprs.csd.disa.mil/.

The Contractor shall complete and submit the following information in reference to the RFQ:

1. Complete Standard Form (SF) 1449, “REQUEST FOR QUOTATIONS” Blocks 17a, 24, and 30a-c.

2. In Section B, provide unit pricing and max net amount for CLIN 0001. Do not fill out a price for CLIN

0002. CLIN 0002 is Not-Separately-Priced (NSP).

3. In accordance with L-212-W001, include your company’s “Capability Statement” and explain how you intend to perform the service and/or deliver the supply as noted in the Statement of Work (SOW).

4. In accordance with L-212-W002, provide commercial invoices showing most recent sales of the items being procured or same or similar commercial items under comparable terms and conditions.

5. Complete all applicable Representations and Certifications located in Section K. If ALL these provisions/clauses have been updated within the last 12 months on SAM.gov, they do not need to be re-filled out on this solicitation UNLESS there are changes.

6. Acknowledge all amendments (if applicable) on the SF 30(s) by completing Blocks 15A-C. If the amendment requires other fill-ins be completed, you must also do so.

7. Include a statement that you are not taking any exceptions to the solicitation, as amended.

8. Specify when your quote expires.

CONTRACT TERM:

The period of performance is the date of award through twelve (12) months After Date of Contract (ADC).

SERVICE CONTRACT WAGE DETERMINATION:

This contract incorporates the Service Contract Act (SCA) Wage Determination [Number: 2015-4233, Rev. 27, dated 6/30/2023] in Section H.

mailto:judith.a.secoda.civ@us.navy.mil mailto:judith.a.secoda.civ@us.navy.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot NX Post Processor and Virtual Twin Maint

FFP

Onsite maintenance and technical support of NX Post Processor and Virtual Twin

Maintenance and technical support – 1 Lot – Firm Fixed Price (FFP) IAW 3.0 of

Statement of Work.

FOB: Destination

PSC CD: DF01

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Technical Report

FFP

Technical Data IAW Contract Data Requirements List (CDRL) Comprehensive

Inspection Report (NOT SEPARATELY PRICED)

PSC CD: DF01

NSP

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work (SOW)

NX Post Processor and Virtual Twin 1yr Maintenance

At the Naval Foundry and Propeller Center

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

Evaluations, engineering and fleet support organization for the Navy’s ships, submarines, military watercraft and unmanned vehicles. This requirement is for Naval Foundry and

Propeller Center (NFPC) who is responsible for the design, manufacture, and repair propellers for the US Navy.

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

(a) 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.

(b) 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

(c) 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.

(d) Employee Relationship:

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.

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.

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

(f) Notice. 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) The Contractor should notify the Contracting Officer in writing 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 estimate in time by which the Government must respond to this notice to minimize cost, delay, or disruption of performance.

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, then 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 Naval Foundry & Propeller Center utilizes computer software on six (6) machines, all of which were installed over the last ten (10) years. The six (6) machines are identified as SU-18

(serial#800696), SU-19 (Serial #800697), SU-20 (Serial #800698), SU-21 (Serial #2N00140), SU-23(Serial #PG 8223), and SU-24 (Serial #PGB241). To allow the machines to run at optimal levels and mitigate the risk of unplanned downtime, NFPC requires a supplemental technical service agreement for the Empire Dynamics NX Post Processor and Virtual Twin Kits.

1.2 SCOPE OF WORK

This scope of work is comprised of manufacturing engineering services for the on-going maintenance and technical support for post processors and virtual twin simulations. The contractor shall provide 1-years’ worth of NX Post Processor and Virtual Twin maintenance and technical service coverage on the Empire Dynamics equipment installed and utilized on SU-18

(Serial #800696), SU-19 (Serial #800697), SU-20 (Serial #800698), SU-21 (Serial #2N00140), SU-23 (Serial #PG 8223), and SU-24 (Serial #PGB241).

The CLIN structure shall be the following:

CLIN 0001 –NX Post Processor and Virtual Twin Maintenance and technical support – 1 Lot –

Firm Fixed Price (FFP)

2.0 APPLICABLE DOCUMENTS

NFPC INST 4200.1 – Contractor Access to NFPC owned Platform IT equipment (PIT)

NFPC INST 4200.1 – Contractor Platform IT Equipment Pre-Brief and Acknowledgement

3.0 REQUIREMENTS

3.1 The contractor shall provide properly qualified trained technician(s) to report to NFPC.

3.1.1. The contractor provided technician(s) are required to sign the Contractor

Platform IT Equipment Maintenance Pre-Brief and Acknowledgement Form prior to gaining access to the equipment.

3.1.2. The contractor provided technicians(s) are restricted from utilizing unauthorized electronic storage and transmission devices such as USB drives, external hard drives, CDs, and DVD on all equipment. The contractor shall sign the acknowledgement form prior to gaining access to the equipment.

3.1.3. The contractor performing mechanical repairs on the equipment are

NOT permitted to control the machine or otherwise touch the computer and/or controller.

3.1.4. NFPC shall provide qualified personnel to operate the machine, if required, to support the mechanical maintenance.

3.1.5. The contractor provided technician(s) required to perform Platform IT

(PIT) equipment controller/computer troubleshooting or repair are required to have shoulder-to-shoulder oversight by a qualified operator for the duration the technician(s) visit to NFPC.

3.1.6. NFPC shall provide qualified personnel to work in conjunction with item 3.1.5.

3.2.0. The contractor shall document all discoveries and repair recommendations in accordance with CDRL A001.

3.2.1. The contractor shall provide maintenance and technical support to SU-

18 (serial #800696), SU-19 (Serial #800697), SU-20 (Serial #800698), SU-21

(Serial #2N00140), SU-23 (Serial #PG 8223), and SU-24 (Serial #PGB241).

3.2.2. Contractor shall ensure that any functionality delivered with post processor and virtual twin kit remains usable throughout changes in computer operating systems, network structure, NX version updates, or any changes not related to the machine. New functionality available with future releases of NX will be supported assuming it is relevant to machining operations that were previously supported

3.2.3. Contractor shall provide remote technical support to include phone calls, web meetings, trouble shooting, or trainings on specific problem areas.

3.2.4. Contractor shall provide on-site technical support for up to 5 days if needed. This will include training related to NX Cam or on-machine support regarding operation, modes, machine parameters, sub-program creation, macro programming, and other machine related requests.

4.0 DATA REQUIREMENTS

4.1. Comprehensive Service Report (CDRL A001)

4.1.1. The contractor shall prepare a detailed service report. The contractor shall deliver the report in accordance with the instructions of the CDRL within seven (7) business days of completion of visit.

5.0 SECURITY REQUIREMENTS

5.1. The contractor shall be escorted onto the site, observed while they perform the work, and escorted off the site.

5.2. Escorted visit. Escorted visits are required for any person who is not assigned to

NNSY/NFPC and/or does not have a valid security clearance. Visitors will be escorted at all time by an NFPC employee and no exposure to any classified open storage areas or material.

Requests for escorted access must be submitted 5 working days prior to arrival. If it is service or maintenance that needs to be done or an emergency the request needs to be submitted immediately in order to allow for ample time for proper vetting of individual/individuals requesting access.

The requesting NFPC code/shop will coordinate the visit and security code 1123 will verify two forms of Government issued identification. The responsible code shall provide escort during the contractor’s visit.

Acceptable documents include:

US Birth Certificate (original)

US Voters registration

US Passport

(Home Land security), Transportation Workers Identification Credential (TWIC)

Naturalization paperwork

Driver’s License

Social Security Card

Installation Access for Visitors/Contractors

All visitors/contractors having a valid purpose for access shall submit a completed and signed Form 5512/1 to their identified Government sponsor 14 working days prior to the date of their required visit.

The entire document shall be completed and form dated/signed by the visitor/contractor.

Visitor/Contractor shall retain a copy of the form 5512/1 to present on the first day at the installation.

The visitor/contractor shall communicate all on-site day to day schedules and schedule changes to the NFPC base sponsor to be submitted to code 1123 in a detailed security plan.

Note: It is critical that start/end dates/work hours are identified, accurate, and short term visitors/contractors are not granted extended or after-hours access if not required Reporting to PNY-A for the first time.

Visitor/Contractor Responsibility

Visitor/Contractor shall report to the location designated by their sponsor (Security Office or other designated location, Pass and ID office) or if operating a Commercial Vehicle requiring inspection; to the Vehicle Inspection Station.

Visitor/Contractor shall present their completed and signed 5512/1.

The Sentry or Security Assistant shall verify vetting is cleared and issue the appropriate passes. If visitor/contractor has not completed the 5512/1 their access will be delayed until they correct the form.

Code 1123 will review request and when acceptable notify requesting NFPC code/shop to arrange visit.

5.3. Contractor Vehicle Parking: (OPNAV 5530.14E) All contractor commercial vehicles must be visually inspected at Lot 753 prior to entry into any NFPC buildings and are subject to random inspections anywhere on the compound. Vehicles must clearly display an authorized company sign or logo including a company phone number. Vehicles must only be allowed in the compound for transportation of contractors' tools, parts, and materials to and from the work site with the exception of MILCON scope projects. Vehicles must be registered to the company and not to an individual. Parking of POV's is available at Lot 753, which is approximately one mile from the work site. Contractor shall ensure that their vehicles, including delivery trucks, have valid and current vehicle registration and insurance upon arrival to NFPC. Non-valid and outdated or missing vehicle registration and insurance shall result in denied facility access requiring the Contractor to reschedule delivery

Immediately at the contractor’s expense. Delivery drivers must present two forms of Government issued identification.

5.4. PEDs (Portable Electronic Devices) are not allowed in areas where work is being performed.

Should the Contractor require a laptop, tablet or other similar device on-site to fulfill the

Scope of Work, the Contractor must complete an asset authorization form for each device and submit the devices to code 109 for inspection and approval prior to site access. The laptops cannot have camera capabilities. Procedures regarding laptop access are subject to change.

PEDs (Portable Electronic Devices) are PROHIBITED:

In Restricted Areas (Open Storage Confidential Areas, Secure Rooms, Vaults, etc.) and any location (office, trailer, shop, work area, etc.) where NAVSEA business is conducted.

N6449824Q5020

PEDs are permitted in Personally Owned Vehicles parked outside of the Controlled

Access Area. (General parking lots across the street.)

Cell Phones/Smart Watches/Fitness Bands/ Wireless Headsets and Speakers are permitted in outside areas of the CAA and where Naval Sea Systems Command (NAVSEA) business of a sensitive nature is NOT conducted. Cell Phones, Smart Watches, Fitness Bands or Wireless

Headsets and Speakers are prohibited in the OSC Areas.

PEDs are PROHIBITED in Secure Rooms (regardless of where any of these areas are located), and in any meeting, discussion or forum where NAVSEA business of a sensitive nature is carried on.

Cellphone lockers/boxes will be placed at the entrance to facilities, or as close to the entrance as possible in order to facilitate this policy.

********CAA-Controlled Access Area is anywhere within the fence line********

5.5.0 The contractor shall adhere to the base access guidance per the following website:

https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system/faqs.html

5.6.0 The contractor shall ensure that only contractor employees who meet the security requirements stated below perform under this contract at the Government site (e.g. delivery drivers and passengers, etc.). The contractor shall propose and maintain a list of employees whom meet these requirements and be willing to submit this list to the Government, along with the necessary documentation to prove they meet them (e.g. the results of a contractor conducted background check, etc.), for the Government’s security vetting, to include any Government background check, and approval. Once vetted and approved, a list of approved contractor employees must be maintained for the entire period of performance of the contract (i.e. propose new employees, replace existing employees or provide updates to existing employees’ records, as necessary). A minimum of two employees, primary and backup, should be cleared by the Government to perform the necessary functions under this contract (e.g. proposed drivers of a delivery vehicle) throughout the entire period of performance of the contract. Contractors must have the ability to be granted access by ensuring current documentation is available at the submission of their proposal to allow background checks for any proposed driver and passenger under the following criteria:

Felony conviction of any type within 10 years, or felony arrest that has not been adjudicated yet (includes "deferred findings").

Misdemeanor conviction or on-base arrest within 5 years, for any of the following types of crimes (includes "deferred findings"): Crimes of violence, sexual assault, larceny, drugs, or a habitual offender.

On the Sex Offender Registry.

https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system/faqs.html

Is barred from any Navy installation.

If a contractor’s employee is denied entry at delivery due to inaccurate or outdated personal and/or vehicle documentation, the Government is absolved of any costs accrued as a result of the denial and the contractor is still pledged to fulfill the contract requirements. Failure to fulfill the contract requirement may result in a termination for default pursuant to FAR 49.4.

5.7.0 OPERATIONS SECURITY (OPSEC)

The Contractor shall protect critical information associated with this contract to prevent unauthorized disclosure. NFPC’s Critical Information List, (CIL) will be provided on site, if warranted. Performance under this contract requires the contractor to adhere to OPSEC requirements. The Contractor may not impose OPSEC requirements on its subcontractors unless

NFPC approves the OPSEC requirements. During the period of this contract, the Contractor may be exposed to, use, or produce, NFPC Critical Information (CI) and/or observables and indicators which may lead to discovery of CI. NFPC CI will not be distributed to unauthorized third parties, including foreign governments, or companies under Foreign Ownership, Control, or

Influence (FOCI) ) unless such FOCI has been appropriately mitigated through measures approved by the Defense Counterintelligence and Security Agency.

CUI correspondence transmitted internally on the contractor's unclassified networks or information systems, and externally, shall be protected per NIST SP-800-171, Protecting

Controlled Unclassified Information (CUI) in Non-federal Systems and Organizations.

Assembled large components/systems being transported to and from testing areas, other production or government facilities (whether or not on public roadways) shall be in an enclosed van trailer or covered flatbed trailer. Component/System outside storage, staging, and test areas shall be shielded/obscured from public view wherever physically possible.

NFPC’s CI shall not be publicized in corporate wide newsletters, trade magazines, displays, intranet pages or public facing websites. Media requests related to this project shall be directed to the PCO, and the COR who will forward the required to the NFPC Public Release Authority for review.

Any attempt by unauthorized third parties to solicit, obtain, photograph, or record, or; incidents of loss/compromise of government Classified or CI, Business Sensitive, Company Proprietary information related to this or other program must be immediately reported to the contractor's

Facility Security Officer and Cognizant Security Office and/or the Naval Criminal Investigative

Service, and the NFPC Security Division (Code 1123). Questions concerning these requirements shall be directed to the PCO, and the COR who will forward the request to the NFPC Security

Division (Code 1123).

5.8.0 RECEIPT, STORAGE, AND GENERATION OF CONTROLLED UNCLASSIFIED

INFORMATION (CUI)

All Controlled Unclassified Information (CUI) associated with this contract must follow the minimum marking requirements of DoDI 5200.48, Section 3, paragraph 3.4.a, and include the acronym "CUI" in the banner and footer of the document. In accordance with DoDI 5200.48, CUI must be safeguarded to prevent Unauthorized Disclosure (UD). CUI export controlled technical information or other scientific, technical, and engineering information must be marked with an export control warning as directed in DoDI 5230.24, DoDD 5230.25, and Part 250 of

Title 32, CFR. Nonfederal information systems storing and processing CUI shall be protected per

NIST SP-800-171, or subsequent revisions. All transmissions to personal email accounts (AOL, Yahoo, Hotmail, Comcast, etc.) and posting on social media websites (Facebook, Instagram, Twitter, LinkedIn, etc.) are prohibited. Destroy CUI associated with this contract by any of the following approved methods: A cross-cut shredder; a certified commercial destruction vendor; a central destruction facility; incineration; chemical decomposition; pulverizing, disintegration; or methods approved for classified destruction.

6.0 PLACE OF PERFORMANCE

6.1. Performance will occur at the following Government site:

Naval Foundry & Propeller Center

2003 Constitution Ave

In fence line BLDG 20

Philadelphia Navy Yard

Philadelphia, PA 19112

6.1.2 The specific location will be provided at time of award. The Contractor shall provide a list of employees who require access to these areas, including standard security clearance information for each person, to the Code 1120 Security Personnel no later than three business days after the date of award. The work space provided to the Contractor personnel shall be identified by the Awardee, with appropriate signage listing the company name and individual

Contractor employee name.

6.1.3 Access to Government buildings at Naval Foundry & Propeller Center is from 0730 to

1800 Monday through Friday, except Federal holidays. Normal work hours are from 0730 to

1800, Monday through Friday. Contractor employees shall be under Government oversight at all times. Government oversight requires that a Government employee be present in the same building/facility whenever Contractor employee(s) are performing work under this contract.

Contractor personnel are not allowed to access any Government buildings at NFPC outside the hours of 0730 to 1800 without the express approval of the Procuring Contracting Officer (PCO).

6.1.4 Early Dismissal and Closure of Government Facilities

When a Government facility is closed and/or early dismissal of Federal employees is directed due to severe weather, security threat, or a facility related problem that prevents personnel from working, onsite Contractor personnel regularly assigned to work at that facility should follow the same reporting and/or departure directions given to Government personnel. The Contractor shall not direct charge to the contract for time off, but shall follow its own company policies regarding leave. Non-essential Contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal and during periods of inclement weather, onsite Contractors should monitor radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site Contractors will continue working established work hours or take leave in accordance with parent company policy. Those Contractors who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, and closings in accordance with the FAR, applicable cost accounting standards, and company policy. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The PCO will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the

Contractor's established accounting policy.

7.0 TRAVEL

Not applicable.

8.0 GOVERNMENT FURNISHED PROPERTY

9.0 GOVERNMENT FURNISHED INFORMATION

10.0 PURCHASES

11.0 COUNTERFEIT MATERIAL PREVENTION

12.0 PERSONNEL

13.0 NSWCPD ELECTRONIC COST REPORTING AND FINANCIAL TRACKING

(ECRAFT) SYSTEM

14.0 SPECIAL REQUIREMENTS

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the

Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National

Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item

Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring

Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the

Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS (NAVSEA) (MAR 2019)

(a) Commercial Supplier Agreement means End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement.

(b) Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer without hyperlinks.

(c) The contract/order Schedule and Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and

Conditions—Commercial Items, shall take precedence over any conflicting provisions in a Commercial Supplier

Agreement.

(d) If any requirement in the Commercial Supplier Agreement conflicts with Federal law or regulations (see FAR

12.212(a)), the following shall apply:

(i) Any such requirement is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such requirement by virtue of it appearing in the Commercial Supplier Agreement. If the Commercial Supplier

Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or

“browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such requirement.

(iii) Any such requirement is deemed to be stricken from the Commercial Supplier Agreement.

(e) Automatic renewals. License Agreements will expire at end of the term identified in the Purchase

Order/Contract. Automatic renewals are not permitted and any such provision is void.

(f) Changes to the Commercial Supplier Agreement. Unilateral changes of the Commercial Supplier Agreement are impermissible and any requirement authorizing such changes is unenforceable. Changes must be in writing and executed by both parties to be effective.

(g) Third Part License (Embedded Software).

(i) The Contractor agrees that it has obtained all necessary licenses for the Government for any third party materials (including without limitation all Open Source licenses) provided within the product.

(ii) Contractor agrees that it complies with and shall continue to comply with all of its obligations under

Third Party Licenses (including without limitation all Open Source licenses) associated with any third party materials provided within each product.

(iii) To the extent that the Government’s use of the software products licensed herein is in compliance with the Contractor’s Commercial Supplier Agreement, the Government’s use will also be in compliance with any

Third Party Licenses.

(h) Audits. In lieu of any audit provisions in the Commercial Supplier Agreement, the Government agrees that, no more than once every twelve (12) months or within a reasonable time after a transfer, the Contractor shall, upon reasonable notice, have the right to require that the Government conduct an internal audit to ascertain and verify the number of licenses in use and to verify that the Government’s use of the product is in conformity with this

Agreement. The Government is not required to use any tools provided by the Contractor to conduct the audit and shall not be required to pay for any tools provided by the Contractor to conduct the audit. The results of any such audit shall be kept confidential.

If verification discloses that the Government’s use is not in conformity with this Agreement, the Government agrees to resolve any noncompliance by either removing or correcting the unlicensed installation and use of the software identified by the audit as not in conformity with this Agreement.

(i) Confidentiality. Commercial Supplier Agreements’ terms and the final contract pricing may not be deemed confidential. Other marked confidential information will be appropriately guarded.

(j) Assignment. The Government shall have the right, without the prior written consent of the Contractor or its authorized resellers, to assign, reassign, or transfer software licenses among Government employees or the

Government’s rights in the Contractor’s product to any governmental organization that is managed, operated, or controlled by the Government.

Such authorization includes sublicensing, and assignment or transfer among or between authorized users. In the event authorized users are reorganized or restructured such that their responsibilities and operations are transferred to another government agency, the agency shall have the right to assign the affected program licenses to a successor agency. The licensed agency and the successor agency agree to be bound to the

Commercial Supplier Agreement as modified. The transferee shall be bound by the license metrics and limitations in this license. Government shall complete any documentation required by the Contractor to facilitate the transfer of this license, and continuation of support shall be the responsibility of the transferee.

For the avoidance of doubt, any assignment or transfer of licenses of the Contractor’s products is also subject to all other terms of the Commercial Supplier Agreement, as well as the Contractor’s policies governing product dependencies and version compatibility. Reassignment does not require that the license be under maintenance or support in order to execute a transfer.

(k) Litigation. Any requirement insisting that the commercial supplier or licensor control any litigation arising from the government’s use of the contractor’s supplies or services is deleted and unenforceable.

(l) Equitable Remedies. Equitable remedies, injunctive relief, and binding arbitration requirements shall not be enforced unless explicitly authorized by agency guidance or statute.

(m) Venue. Any claim or dispute shall be resolved under the Contract Disputes Act and FAR 52.233-1. The forum for resolution of disputes and applicable statutes of limitation shall be governed by federal law.

(n) Applicable law. In accordance with FAR 52.233-4, United States law shall apply to resolve any claim of breach of this contract and such actions shall be handled in the applicable Federal court of jurisdiction.

C-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with the detailed obligations to which the Contractor committed itself in Proposal dated in response to Solicitation No.

(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following

"the specifications" in the order of precedence.

C-223-W002 ON-SITE SAFETY REQUIREMENTS (NAVSEA) (OCT 2018)

(a) The contractor shall ensure that each contractor employee reads any necessary safety documents within 30 days of commencing performance at any Government facility. Required safety documents can be obtained from the respective safety office. Contractors shall notify the Safety office points of contact below to report completion of the required training via email. The email shall include the contractor employee’s name, work site, and contract number.

(b) It is expected that contractor employees will have received training from their employer on hazards associated with the areas in which they will be working and know what to do in order to protect themselves. Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in Government spaces. The contractor shall ensure that all on-site contractor work at the Government facility is in accordance with any local safety instructions as provided via the COR. The contractor shall report all work-related injuries/illnesses that occurred while working at the Government site to the COR.

(c) Contractors whose employees perform work within Government spaces in excess of 1000 hours per calendar quarter during a calendar year shall submit the data elements on OSHA Form 300A, Summary of Work Related

Injuries and Illnesses, for those employees to the safety office, via the COR by 15 January for the previous calendar year, even if no work related injuries or illnesses occurred. If a contractor’s injury/illness rates are above the Bureau of Labor Statistics industry standards, a safety assessment may be performed by the Safety Office to determine if any administrative or engineering controls can be utilized to prevent further injuries/illnesses, or if any additional

Personal Protective Equipment or training will be required.

(d) Any contractor employee exhibiting unsafe behavior may be removed from the Government site. Such removal shall not relieve the contractor from meeting its contractual obligations and shall not be considered an excusable delay as defined in FAR 52.249-14.

(e) The Safety Office points of contacts are as follows:

Matt Luketina

215-897-1881 (O)

757-284-8809 (C)

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form

1423, Exhibit(s) A attached hereto.

(End of Text)

C-227-H010 COMPUTER SOFTWARE AND COMPUTER DATA BASES DELIVERED TO OR RECEIVED

FROM THE GOVERNMENT (NAVSEA) (JAN 2019)

(a) The Contractor agrees to test for viruses, malware, Trojan Horses, and other security threats such as those listed in NIST Special Publication 800-12 Rev 1, An Introduction to Computer Security, The NIST Handbook, Chapter 4, in all computer software and computer data bases (as defined in the clause entitled “Rights In Noncommercial

Computer Software and Noncommercial Computer Software Documentation” (DFARS 252.227-7014)), before delivery of that computer software or computer data base in whatever media and on whatever system the computer software or data base is delivered whether delivered separately or imbedded within delivered equipment. The

Contractor warrants that when delivered any such computer software and computer data base shall be free of viruses, malware, Trojan Horses, and other security threats such as those listed in NIST Special Publication 800-12 Rev 1.

(b) The Contractor agrees that prior to use under this contract, it shall test any computer software and computer data base received from the Government for viruses, malware, Trojan Horses, and other security threats listed in NIST

Special Publication 800-12 Rev 1, An Introduction to Computer Security, The NIST Handbook, Chapter 4.

(c) Any license agreement governing the use of any computer software or computer software documentation delivered to the Government as a result of this contract must be paid-up, irrevocable, world-wide, royalty-free, perpetual and flexible (user licenses transferable among Government employees and personnel under Government contract).

(d) The Contractor shall not include or permit to be included any routine to enable the contractor or its subcontractor(s) or vendor(s) to disable the computer software or computer data base after delivery to the

Government.

(e) No copy protection devices or systems shall be used in any computer software or computer data base delivered under this contract with unlimited or Government purpose rights (as defined in DFARS 252.227-7013 and 252.227-

7014) to restrict or limit the Government from making copies.

(f) It is agreed that, to the extent that any technical or other data is computer software by virtue of its delivery in digital form, the Government shall be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.

(g) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legend(s) apply to the extent possible.

Such legends shall also be placed in human-readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.

Section D - Packaging and Marking

D-211-H001 PACKAGING OF DATA (NAVSEA) (FEB 2022)

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial

Security Program Operating Manual (NISPOM), 32 CFR Part 117.

D-211-H002 MARKING OF REPORTS (NAVSEA) (OCT 2018)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) name and business address of the Contractor

(2) contract number

(3) sponsor: Edward Erickson

(Name of Individual Sponsor)

Naval Foundry & Propeller Center

(Name of Requiring Activity)

Philadelphia, PA

(City and State)

D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

E-246-H013 INSPECTION AND ACCEPTANCE OF DATA (NAVSEA) (OCT 2018)

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form

1423.

E-246-H014 INSPECTION AND ACCEPTANCE OF ENGINEERING SERVICES (NAVSEA) (OCT 2018)

Item(s) All CLINS - Inspection and acceptance shall be made by the Contracting Officer’s Representative (COR) or a designated representative of the Government.

E-246-H023 QUALITY REQUIREMENT FOR SOFTWARE DEVELOPMENT OR PRODUCTION (NAVSEA)

(JAN 2019)

The contractor's software quality program shall be an integral part of the overall Quality Management System.

Software quality program controls shall be applicable to all project software that is developed, maintained, or modified within the following categories:

(a) All deliverable software

(b) All deliverable software that is included as part of deliverable hardware or firmware.

(c) Non deliverable software (commercially available or user-developed) used for development, fabrication, testing, or acceptance of deliverable software or hardware (includes automated fabrication, test, and inspection/acceptance equipment software and software design, test, and inspection tools).

(d) Commercially available, reusable, or Government…