23RJM44_SOL.pdf

CODE

(Hour)

PAGE(S)

until 03:00 PM local time 28 Nov 2022

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A X B X C X D

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G F 77 - 98

99 - 117 X H 118 - 127 lindsey.sparks@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-A7 1 127

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00164 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LINDSEY R SPARKS 812-854-5351

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 19

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

20 - 25 26 - 27

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

28 - 31 32 - 39

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 40 - 52 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 53 - 55 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

56 - 75

PART II - CONTRACT CLAUSES

NAVAL SURFACE WARFARE CENTER CRANE DIV

L. SPARKS (812-854-5351)

BLDG 3373

300 HWY 360

CRANE IN 47522-5001

812-854-5351

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Oct 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0016423RJM44

Section B - Supplies or Services and Prices

SECTION B NOTE:

1. Please pay special attention to Section M of this solicitation, which contains the evaluation factors for award.

2. Please pay special attention to Section L of this solicitation, which contains instructions to Offerors.

3. The maximum total dollar value of the prospective contract(s) is anticipated not to exceed an aggregate of

$91,850,000 over a five (5) year period across all line items.

4. Ordering instructions are included in Section H in the event more than one (1) contract is awarded.

5. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. Offers may obtain information on SAM registration and annual confirmation at https://www.sam.gov or https://www.acquisition.gov and by phone at 1-866-606-8220.

6. Data Item Descriptions (DIDS) referenced in the attached Contract Data Requirements List(s) (CDRLs) are available at the following website: http://www.assistdocs.com

7. Technical questions concerning this procurement shall be submitted in writing to arrive at NSWC Crane no later than 3:00 PM EST on the seventh calendar day preceding the closing date shown on page 1 addressed as follows:

COMMANDER

CONTRACT SPECIALIST Lindsey Sparks

NSWC CRANE DIVISION

300 HWY 361

CRANE IN 47522-5001

or E-mail questions to lindsey.r.sparks.civ@us.navy.mil

8. Any amendments to the subject solicitation will be posted to FedBizOpps (http://www.fbo.gov). The complete solicitation package, including all amendments, should be received and reviewed prior to submitting a response. It is the responsibility of the offeror to obtain all amendments and/or other applicable documents prior to submission of the offer. Under these circumstances, Offerors are reminded to include acknowledgement of acceptance of these amendments in their offer.

9. Subcontracting Plan will be incorporated and made a material part of this contract IAW FAR 19.705-

5(a)(5). The subcontracting plan will be an attachment set forth in Section J.

10. The Government is seeking use of the warranty provided as Exhibit (C). Offerors are to consider the use of the warranty or provide an alternate warranty in response the solicitation. The mutually agreed upon warranty will be incorporated by reference and made as a material part of the contract.

11. Proposals shall be provided through electronic commerce as referenced within Section L of this solicitation.

All proposals shall be submitted within the time and date specified in block nine (9). The time sepcified in block nine (9) is Eastern Daylight Time (EST).

ITEM NO SUPPLIES/SERVICES MAX QTY U/I UNIT PRICE MAX AMOUNT

0001 First Article B-Cells

UNDEFINED Each

In accordance with the SOW and Specification MIL-PRF-32273/C(SH) and MIL-PRF-0032273/2C(SH) attached in Section J. Packaging of these cells shall be included within this CLIN.

See 52.209-4 and C-209-H002. See M-209-H003 for information regarding First Article waiver request.

NOTE: The requirements in DFARS 252.211- 7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Requirements identified in MIL-PRF-0032273C (See paragraph 4.3).

PSC: 6140

FOB: Destination

FFP

0002 First Article C-Cells

In accordance with the SOW and Specification MIL-PRF-32273/C(SH) and MIL-PRF-0032273/2C(SH) attached in Section J. Packaging of these cells shall be included within this CLIN.

See 52.209-4 and C-209-H002. See M-209-H003 for information regarding First Article waiver request.

NOTE: The requirements in DFARS 252.211- 7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0003 B-Cells

VRLA B-Cells manufactured in accordance with the Statement of Work and Specification MIL-PRF- 32273/C(SH) and MIL-PRF-0032273/1C(SH) contained herein to be combined in order to make up a Seawolf (SW) Class, Virginia (VA) Class, and Moored Training Ship (MTS) (626, 635) Class batteries.

See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

FOB: Origin (Shipping Point)

0004 C-Cells

VRLA C-Cells manufactured in accordance with the Statement of Work and Specification MIL-PRF- 32273/C(SH) and MIL-PRF-0032273/2C(SH) contained herein to be combined in order to make up an Los Angeles (LA) Class, Ohio (OH) Class, Seawolf (SW) Class, Virginia (VA) Class, and Moored Training Ship (MTS) (701,711) Class batteries.

0005 Los Angeles (LA) Class Packaging

Package C-cells to make up a VRLA Los Angeles Class battery in accordance with the SOW. Configuration shall be based on the tray set procured or provided as Government Furnished Property.

See Section L for completion of Pricing Matrix.

PSC: 8135

0006 Ohio (OH) Class Packaging

Package B-cells to make up a VRLA Ohio Class battery in accordance with the SOW. Configuration shall be based on the tray set procured or provided as Government Furnished Property.

0007 SeaWolf (SW) Class Packaging

Package B-cells and C-cells to make up a VRLA SeaWolf (SW) Class battery in accordance with the SOW.

Configuration shall be based on the tray set procured or provided as Government Furnished Property.

0008 Virginia (VA) Class Packaging

Package B-cells and C-cells to make up a VRLA Virginia (VA) Class battery in accordance with the SOW.

Configuration shall be based on the tray set procured or provided as Government Furnished Property.

0009 (MTS) Class Packaging

Moored Training Ship (MTS)(701, 711) Class Packaging. Package C-cells to make up a VRLA Moored Training Ship (701, 711) Class battery in accordance with the SOW. Configuration shall be based on the tray set procured or provided as Government Furnished Property.

0010 Virginia (VA) BLK 5 Class

Packaging

Virginia (VA)(290) Class Packaging. Package C-cells to make up a VRLA Moored Training Ship (626,635) Class battery in accordance with the SOW. Configuration shall be based on the tray set procured or provided as Government Furnished Property. See Addendum 52.215-1 for completion of Pricing Matrix.

See Pricing Matrix

0011 Spare C-Cell Packaging

Package VRLA Spare Cells in commercial trays or reusable shipping containers and package up to four cells per crate. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0012 Spare B-Cell Packaging

Package VRLA Spare Cells in commercial trays or reusable shipping containers and package up to four cells per crate. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0013 Los Angeles (LA) Class Storage UNDEFINED Months

Monthly storage for a complete Los Angeles Class battery set and associated spare cells any time from acceptance of battery to 12/31/2029. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

PSC: J020

0014 (MTS) Class Storage

UNDEFINED Months

Monthly storage for a complete Moored-Training Ship Class battery set and associated spare cells any time from acceptance of battery to 12/31/2029. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0015 Ohio (OH) Class Storage

Monthly storage for a complete Ohio Class battery set and associated spare cells any time from acceptance of battery to 12/31/2029. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0016 SeaWolf (SW) Class Storage

Monthly storage for a complete Seawolf Class battery set and associated spare cells any time from acceptance of battery to 12/31/2029. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0017 Virginia (VA) Class Storage

Monthly storage for a complete Virginia Class battery set and associated spare cells any time from acceptance of battery to 12/31/2029. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0018 Virginia (VA) BLK 5 Class

Storage

Monthly storage for a complete Virginia BLK 5 Class battery set and associated spare cells any time from acceptance of battery to 12/31/2029. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0019 Battery Boosting for (LA) Class

Battery Boosting for Complete LA Class Battery Set and associated spare cells any time from acceptance of battery to 12/31/2028 IAW SOW. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

PSC: K059

0020 Battery Boosting for MTS

(701,711) Class

Battery Boosting for Complete MTS (701, 711) Class Battery Set and associated spare cells any time from Acceptance to 12/31/2028 IAW SOW. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0021 Battery Boosting for Ohio (OH)

Class

Battery Boosting for complete Ohio (OH) Class battery set and associated spare cells any time from acceptance to 12/31/2028 IAW SOW. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0022 Battery Boosting for Seawolf

(SW) Class

Battery Boosting for complete Seawolf (SW) Class battery set and associated spare cells any time from acceptance to 12/31/2028 IAW SOW. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0023 Battery Boosting for Virginia (A)

Battery Boosting for complete Virginia (VA) Class battery set and associated spare cells any time from acceptance to 12/31/2028 IAW SOW. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0024 Battery Boosting for VA BLK 5

Battery Boosting for complete VA BLK 5 Class battery set and associated spare cells any time from acceptance to 12/31/2028 IAW SOW. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0025 Commercial Shipping Trays C-

Cells

Commercial Shipping Trays C-Cells, FFP, Metal Shipping Trays suitable for Transportation an Storage of SVRLA C-Cells. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

PSC: 8145

0026 Commercial Shipping Trays B-

Cells

Commercial Shipping Trays B-Cells, FFP, Metal Shipping Trays suitable for Transportation and Storage of SVRLA B-Cells. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0027 Single B-Cell Welded Installation

Trays

Single B-Cell welded installation trays in accordance with form, fit and function to NAVSEA Interface Control Drawing ICD 201-7607331.

NOTE: The requirements in DFARS 252.211- 7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0028 Single C-Cell Welded Installation

Single C-Cell welded installation trays in accordance with form, fit and function to NAVSEA Interface Control Drawing ICD 201-7607331.

NOTE: The requirements in DFARS 252.211- 7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification

0029 Dual B-Cell Welded Installation

Dual B-Cell Welded installation Trays in accordance with form, fit and function to NAVSEA Interface Control Drawing ICD 201-7607331 for all ships except SSN 688 Class and SSBN/SSGN 726 Class.

NOTE: The requirements in DFARS 252.211- 7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification

0030 Dual C-Cell Welded Installation

Dual C-Cell Welded Installation Trays in accordance with form, fit and function to NAVSEA Interface Control Drawing ICD 201-7607331 for all ships except SSN 688 Class and SSBN/SSGN (626, 635) Class.

NOTE: The requirements in DFARS 252.211- 7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification

0031 Single B-Cell Tray Cover

In accordance with the drawing 7607331, Sheet 35 or equivalent. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0032 Single C-Cell Tray Cover

In accordance with the drawing 7607331, Sheet 45 or equivalent. See Addendum 52.215-1 for completion of

0033 Dual B-Cell Tray Cover

In accordance with the drawing 7607331, Sheet 21 or equivalent. See Addendum 52.215-1 for completion of

0034 Dual C-Cell Tray Cover

In accordance with the drawing 7607331, Sheet 24-2 or equivalent. See Addendum 52.215-1 for completion of

0035 Reusable Wooden Shipping

Containers

All wooden shipping materials including but not limited to reusable universal shipping containers, packaging, and blocking shall conform to the Statement of Work, and reference standard (f), DoD 4140.65 2 Jul 2020. See Addendum 52.215-1 for completion of Pricing Matrix Instructions.

0036 DATA

UNDEFINED Lot

Technical Data Requirements for CLIN(s) 0001-0037 in accordance with (IAW) the Statement of Work (SOW) Paragraph 4, CDRL(s) A001 thru A020 provided in Section J, and applicable DID(s). This CLIN is Not Separately Priced (NSP). DO NOT SUBMIT PRICES FOR THIS CLIN.

0037 Contract Ceiling

This CLIN is ONLY to populate the contract ceiling amount, no orders will be placed against this CLIN. The Government intends to award multiple contracts off this RFP with a cumulative total contract amount of

$91.85M. DO NOT SUBMIT PRICING FOR THIS CLIN.

Not to Exceed (NTE).

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0.00 $100.00 0.00 $91,850,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0.00 $100.00 0.00 $91,850,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 1.00

12.00

0002 1.00

12.00

0003 24.00

2,500.00

0004 24.00

2,500.00

0005 1.00

10.00

0006 1.00

0007 1.00

0008 1.00

0009 1.00

0010 1.00

0011 1.00

300.00

0012 1.00

0013 1.00

25.00

0014 1.00

0015 1.00

0016 1.00

0017 1.00

0018 1.00

0019 1.00

5.00

0020 1.00

0021 1.00

0022 1.00

0023 1.00

0024 1.00

0025 1.00

0026 1.00

0027 1.00

30.00

0028 1.00

0029 1.00

0030 1.00

0031 25.00

500.00

0032 25.00

0033 25.00

0034 25.00

0035 1.00

PRICING MATRIX

Pricing Matrix shall be inserted at time of contract award.

Section C - Descriptions and Specifications

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-209-H002 FIRST ARTICLE (GOVERNMENT TESTING) (NAVSEA) (OCT 2018)

(a) The First Article shall conform in every respect to the requirements of this contract. The First Article shall be manufactured with tools, materials, and methods which are the same as the tools, material and methods which will be used to manufacture the production units. All items delivered under the contract shall be manufactured under the same conditions and quality established by the First Article. Any changes to tools, material, or methods after the first article approval shall be documented by the contractor and approved by the Contracting Officer before they are used.

The First Article shall not be delivered for first article approval tests as provided for in the clause of this contract entitled "First Article Approval--Government Testing" (FAR 52.209-4) until after the Contractor has fully tested it, at its expense, to determine compliance with said requirements.

(b) The Contractor shall make a record of all data obtained during such tests in a form similar to the guidance provided in MIL-HDBK-831A.

(c) Pursuant to paragraph (e) of the clause entitled "First Article Approval--Government Testing", the First Article shall not be delivered as part of the production quantity.

C-209-H003 WAIVER OF FIRST ARTICLE REQUIREMENTS (NAVSEA) (OCT 2018)

If the First Article is waived by the Government, the Contractor shall deliver supplies that are identical or substantially identical to those previously accepted by the Government under the following contract(s):

(Offeror to fill in contract number(s), as applicable. See Section M)

(End of Text)

C-211-H016 SPECIFICATIONS AND STANDARDS (NAVSEA) (OCT 2018)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements. All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only unless specifically identified below.

None

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

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-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.

N0016423RJM44.

(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-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 CDRLs A001-A020, attached hereto.

C-242-H001 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (OCT 2018)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

C-245-H005 INFORMATION AND C-245-H005 INFORMATION AND DATA FURNISHED BY THE

GOVERNMENT--ALTERNATE I (NAVSEA) (MAY 2019)

(a) Contract Specifications, Drawings and Data. The Government will furnish, if not included as an attachment to the contract, any unique contract specifications or other design or alteration data cited or referenced in Section C.

(b) Government Furnished Information (GFI). GFI is defined as that information essential for the installation, test, operation, and interface support of all Government Furnished Material identified in an attachment in Section J. The Government shall furnish only the GFI identified in an attachment in Section J. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI as follows:

(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data identified in an attachment in Section J; or

(ii) add items of data or information to the attachment identified in Section J; or

(iii) establish or revise due dates for items of data or information in the attachment identified in Section J.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.

(c) Except for the Government information and data specified by paragraphs (a) and (b) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI identified in an attachment in Section J, the clause of this contract entitled "Government Property" (FAR 52.245-1) or "Government Property Installation Operation Services" (FAR 52.245-2), as applicable, or any other term or condition of this contract. Such referenced documentation may be obtained:

(1) From the ASSIST database via the internet at https://assist.dla.mil/online/start/; or

(2) By submitting a request to the

Department of Defense Single Stock Point (DoDSSP)

Building 4, Section D

700 Robbins Avenue Philadelphia, Pennsylvania 19111-5094 Telephone (215) 697-6396 Facsimile (215) 697-9398.

Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.

C-246-H003 LIMITATION OF LIABILITY--HIGH VALUE ITEMS (NAVSEA) (OCT 2018)

The following items are subject to the clause of this contract entitled "Limitation of Liability--High Value Items" (FAR 52.246-24 Alternate I):

CLINs 0001-0037

C-246-N003 WELDING PROCEDURE(S) AND PROCEDURE QUALIFICATION DATA (NAVSEA) (OCT

2018)

The Contractor shall submit welding procedure(s), together with the procedure qualification data, for approval per CDRL A001. The procedure qualification data shall be in accordance with the controlling fabrication document NAVSEA Technical Publication T9074-AD-GIB-010/1688, reference [hh] in Statement of Work Section 3.4.3, Welding Specifications/Inspection . A certificate of prior submission may be submitted in lieu of procedure test data for applications which do not exceed the controlling parameters of the prior approval.

The Government only anticipates to issue a maximum quantity of eight (8) welded installation trays within the five-year contract period at this time.

(End of text).

C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.

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-H005 IDENTIFICATION MARKING OF PARTS – ALTERNATE I (NAVSEA) (OCT 2018)

(a) For all parts not subject to the marking requirements in DFARS 252.211-7003 – Item Unique Identification and Valuation, marking shall be accomplished in accordance with the following:

(1) Parts not manufactured to Government specifications shall be marked in accordance with generally accepted commercial practice.

(2) Parts manufactured to Government specifications shall be marked as follows:

(i) Electrical Parts - that is, all parts in electrical equipment and electrical parts when used in equipment which are not electrical in nature (e.g., electric controls and motors in a hydraulic system) - shall be identified and marked in accordance with MIL-STD-1285D(2) dated 22 June 2018, or, where MIL-STD-1285D(2) does not cover such a part, in accordance with MIL-STD-130N(1) dated 16 November 2012. Requirements of MIL-STD-1686C dated 25 October 1995 for Electrostatic Discharge Control shall be addressed.

(ii) Electronic Parts - that is, all parts in electronic equipment and electronic parts when used in equipment which are not electronic in nature (e.g., electronic fuel controls in some engines) - shall be identified and marked in accordance with Requirement 67 of MIL-HDBK-454B dated 15 April 2007 with Notice 1 dated 12 December 2012. Requirements of MIL-STD-1686C for Electrostatic Discharge Control shall be addressed.

(iii) Parts other than electrical or electronic parts (as described above) shall be identified and marked in accordance with MIL-STD-130N(1).

(b) In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.

D-246-H003 WARRANTY NOTIFICATION FOR ITEM(S) 0003-0004—ALTERNATE I (NAVSEA) (MAY

2019)

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container in accordance with MIL-STD-129R with Change 1 dated 24 May 2018 and MIL-STD- 130N(1) dated 16 November 2012. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT N00164- ________ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP FOR ___6 Years___ FROM DATE OF ACCEPTANCE. IF ITEM IS DEFECTIVE NOTIFY __Lindsey Sparks___ AND PCO.

D-247-H005 MARKING AND PACKING LIST(S) – ALTERNATE I (NAVSEA) (OCT 2018)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with MIL- STD-129R with Change 1 dated 24 May 2018.

(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment in accordance with the above cited MIL-STD. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items.

Where DD Form 1348-1 or DD Form 1348-1A is applicable and an assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number. Refer to the above cited MIL-STD for marking of assorted (related-unrelated) items.

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 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government 0006 Origin Government Origin Government 0007 Origin Government Origin Government 0008 Origin Government Origin Government 0009 Origin Government Origin Government 0010 Origin Government Origin Government 0011 Origin Government Origin Government 0012 Origin Government Origin Government 0013 Origin Government Origin Government 0014 Origin Government Origin Government 0015 Origin Government Origin Government 0016 Origin Government Origin Government 0017 Origin Government Origin Government 0018 Origin Government Origin Government 0019 Origin Government Origin Government 0020 Origin Government Origin Government 0021 Origin Government Origin Government 0022 Origin Government Origin Government 0023 Origin Government Origin Government 0024 Origin Government Origin Government 0025 Origin Government Origin Government 0026 Origin Government Origin Government 0027 Origin Government Origin Government 0028 Origin Government Origin Government 0029 Origin Government Origin Government 0030 Origin Government Origin Government 0031 Origin Government Origin Government 0032 Origin Government Origin Government 0033 Origin Government Origin Government 0034 Origin Government Origin Government 0035 Origin Government Origin Government 0036 Destination Government Destination Government 0037 Origin Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

E-246-H020 QUALITY MANAGEMENT SYSTEM REQUIREMENTS (NAVSEA) (OCT 2018)

The Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ASQ/ANSI/ISO 9001:2015 “Quality Management Systems – Requirements” and supplemental requirements imposed by this contract. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall flow down such standards, as applicable, to lower-tier subcontractors under instances covered in FAR 52.246-11(b) or at the direction of the Contracting Officer. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

E-246-H022 INSPECTION AND TEST RECORDS (NAVSEA) (JAN 2019)

Inspection and test records shall, as a minimum, indicate the nature of the observations, number of observations made, and the number and type of deficiencies found. Data included in inspection and test records shall be complete and accurate, and shall be used for trend analysis and to assess corrective action and effectiveness. The data shall, on request, be identified and made available for on-site review by the Contracting Officer or designated Government representative.

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 software designated as part of a deliverable item.

E-246-W003 INSPECTION STANDARDS (NAVSEA) (OCT 2018)

Acceptance inspection of lots or batches will be in accordance with American National Standard ANSI/ASQ Z1.4-2003. Unless otherwise specified, attributes, which if defective would prohibit or reduce the usability of the product for its intended purpose, will be inspected at an acceptable quality level (AQL) of 1.0. Attributes which do not materially reduce the usability of the product will be inspected at an AQL of 2.5. Any attributes classified as critical on the technical documentation will be inspected on each unit of product submitted. The right is reserved to reject any unit of product found nonconforming during inspection whether that unit of product forms a part of a sample or not, and whether the lot or batch as a whole is accepted or rejected.

E-246-W004 PROCUREMENT QUALITY ASSURANCE INSPECTION AND ACCEPTANCE (NAVSEA)

(OCT 2018)

(a) Initial inspection of the supplies to be furnished hereunder shall be made by DCMA Representative at the contractor's or subcontractor's plant located at [insert location]. The contractor shall notify the cognizant inspector when the material is available for inspection. The place designated for such inspections shall not be changed without authorization of the Contracting Officer. Final inspection and acceptance shall be made by [insert name of activity or code] within [insert number] days after [receipt OR installation/checkout/test].

(b) Initial inspection shall consist of quality assurance at point of manufacture or assembly and check/test prior to shipment. Final inspection and acceptance will be made by the Receiving Activity after installation/check out/testing of the supplies.

E-246-W007 NOTIFICATION OF INSPECTION OR TEST (NAVSEA) (OCT 2018)

The Contractor agrees to notify , in writing, when the material will be inspected and/or tested. A minimum of working days is required to arrange such a visit.

Section F - Deliveries or Performance

DELIVERY NOTE

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

180 dys. ADC 12 SEE EACH INDIVIDUAL ORDER

SEE DELIVERY/PERFORMANCE

SCHEDULE

CRANE IN

N00164

0002 180 dys. ADC 12 (SAME AS PREVIOUS LOCATION)

N00164

0003 *180 dys. ADC SEE EACH INDIVIDUAL ORDER

SEE DELIVERY/PERFORMANCE

SCHEDULE

TBD

0004 *180 dys. ADC

(SAME AS PREVIOUS LOCATION)

0005 180 dys. ADC (SAME AS PREVIOUS LOCATION)

TBD

0006 180 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0007 180 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0008 180 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0009 180 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0010 180 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0011 60 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0012 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0013 30 dys. ADC (SAME AS PREVIOUS LOCATION)

0015 30 dys. ADC (SAME AS PREVIOUS LOCATION)

TBD

0016 30 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0017 30 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0018 30 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0019 6 mths. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0020 6 mths. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0021 6 mths. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0022 6 mths. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0023 6 mths ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0024 6 mths. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0025 60 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0026 60 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0027 60 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0028 60 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0029 60 dys. ADC (SAME AS PREVIOUS LOCATION) FOB: Origin (Shipping Point)

TBD

0030 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0031 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0032 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0033 60 dys. ADC

0034 60 dys. ADC

0035 180 dys. ADC

TBD

0036 IAW CDRLs IAW CDRLs SEE EACH INDIVIDUAL ORDER

SEE DELIVERY/PERFORMANCE

SCHEDULE

CRANE IN

FOB: Destination

N00164

0037 N/A N/A N/A N/A

ADC = After date of contract

DELIVERY NOTE

* Additional delivery instructions for CLINs 0003 and 0004: 800 cells shall be delivered in 180 days from date delivery order with 400 cells every 30 days thereafter until the total delivery order quantities have been delivered.

Cells can be either C-Cell or B-Cell or a combination of both.

LATE DELIVERY: In the event the contractor encounters difficulty in complying with the delivery schedule or anticipates late delivery, it shall promptly provide written notification to the delivery order Contracting Officer and the ACO including the details. If the contractor request delivery schedule relief, the contractor shall include an offer of adequate consideration to compensate for the impact of late deliveries to the customer. Government receipt of such notice shall not relieve the contractor of its responsibility to comply with the terms of the delivery order and this contract, including the delivery schedule.

CLAUSES INCORPORATED BY REFERENCE

52.211-11 Liquidated Damages--Supplies, Services, or Research and

Development

SEP 2000

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984 52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

52.247-59 F.O.B Origin--Carload and Truckload Shipments APR 1984

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph…