3.01_Solicitation_N00383-24-Q-R150_N0038324PR0R150.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 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 B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

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

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different 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 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 Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

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 OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

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

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

N0038324PR0R150

N/A

N00383

NAVSUP WEAPON SYSTEM SUPPORT.

700 ROBBINS AVE. PHILADELPHIA, PA 19111

N00383-24-Q-R150

LINDA VONG linda.vong2.civ@us.navy.mil

04/11/2024

03/12/2024

AA

1 56

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NSN/PART NUMBER and NOMENCLATURE

MILSTRIP(TR)/Serial Number

NSN:

Part Number:

RMC:

Nomenclature:

Serial Number: EA

RTAT:

Throughput Constraint:

Induction Exp.

Date.:

Serial Number: EA

RTAT:

Throughput Constraint:

Induction Exp.

Date.:

Serial Number: EA

RTAT:

Throughput Constraint:

Induction Exp.

Date.:

Serial Number: EA

RTAT:

Throughput Constraint:

Induction Exp.

Date.:

TOTAL

NSN 7540-01-152-8067 OPTIONAL FORM 336(4-86)

Sponsered by GSA FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NSN/PART NUMBER and NOMENCLATURE

MILSTRIP(TR)/Serial Number

FMS Case:

Ship To:

Mark For:

SUPPAD:

TRANSPORTATION SCHEDULE INSTRUCTIONS:

In accordance attached packaging sheet

REPLACEMENT COST/STANDARD PRICE:

NSN 7540-01-152-8067 OPTIONAL FORM 336(4-86)

SECTION D - PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS

Preservation, packaging, packing and marking instructions shall be in accordance with sections indicated with an “X” in the numbered blocks.

DOCUMENT REF. NO. PAGE

CLAUSE

D400

SEC.

NO.

REQUISITION, CONTRACT OR ORDER NUMBER

N0038324PR0R150

PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS

General – All specifications applicable to these requirements shall be of the issue in effect on the date of the invitation for bid or original negotiation. Packaging terms, levels of protection, etc. used in this exhibit are defined in MIL-STD-2073-1.

Preservation and packaging shall be accomplished in accordance with the requirements of MIL-P-116. The specific packaging procedures, and Level of Protection for each item are delineated in the coded format of MIL-STD-2073-2 and cited below, along with additional data elements as defined in MIL-STD-2073-1.

ITEM NUMBER(S)

PRESER-

VATION

METHOD C

L E

A N

D R

Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

B

IC

T H

IC

K

N E

S

S UNIT

CON-

TAINER L

E V

E L

O F

P R

O

T INTERIM

CON-

TAINER U

N

IT

C

V

L

S P

M K

G

PACKING CODE 1270-01-432-2474

5 1 1 0 0 E A G E D D R A 0 0 B 03 Q F F

HAZMAT

QTY PER UNIT

PACK

INT CTNR QTY UNIT PACK WT UNIT PACK CU SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

N 001 000 64.3 5.475

CONTAINER MANAGER CODE PHONE (215) 697- SUPPLEMENTAL INSTRUCTIONS

ITEM NUMBER(S)

PRESER-

VATION

METHOD C

L E

A N

D R

Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

IC

K

N E

S

S UNIT

CON-

TAINER L

E V

O

T INTERIM

CON-

TAINER U

L

S P

PACKING CODE

HAZMAT

QTY PER UNIT

PACK

INT CTNR QTY UNIT PACK WT UNIT PACK CU SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

CONTAINER MANAGER CODE PHONE (215) 697- SUPPLEMENTAL INSTRUCTIONS

ITEM NUMBER(S)

PRESER-

VATION

METHOD C

L E

A N

D R

Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

IC

K

N E

S

S UNIT

CON-

TAINER L

E V

O

T INTERIM

CON-

TAINER U

L

S P

QTY PER UNIT

PACK

INT CTNR QTY UNIT PACK WT UNIT PACK CU SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

CONTAINER MANAGER CODE PHONE (215) 697- SUPPLEMENTAL INSTRUCTIONS

ITEM NUMBER(S)

PRESER-

VATION

METHOD C

L E

A N

D R

Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

IC

K

N E

S

S UNIT

CON-

TAINER L

E V

O

T INTERIM

CON-

TAINER U

L

S P

QTY PER UNIT

PACK

INT CTNR QTY UNIT PACK WT UNIT PACK CU SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

CONTAINER MANAGER CODE PHONE (215) 697- SUPPLEMENTAL INSTRUCTIONS

Markings of all containers for Item(s) shall include “Type l Shelf Life Item”, date of cure, and an “Expiration Date” of years after date of cure shelf life marking shall consist of the quarter of the year (i.e. Jan thru march 192 =1Q92) in accordance with MIL-STD-129.

Markings of all containers for Item(s) shall include ”Type l Shelf Life Item” date of manufacture/assembly, and an inspection/test date of years after date of manufacture/assembly.

Shelf life marketing shall consist of the quarter of the year and the year (i.e. Jan thru March 1992 = 1Q92) in accordance with MIL-STD-129.

Refer to Section 5.D for additional requirements.

NAVICP-4030/1 (Rev. 3-02)

SPECIFICATIONS FOR REPAIR/MODIFICATION/STATEMENT OF WORK

1.0 SCOPE

1.1. General. The items to be furnished hereunder are Government Furnished Property (GFP) and shall be repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this contract. Equipment such as fixtures, jigs, dies, patterns, mylars, special tooling, special test equipment, or any other manufacturing aid required for the repair, manufacture, and/or testing of the subject item(s), will not be provided by the Government and shall be the responsibility of the Contractor unless expressly provided for. This limitation regarding the furnishing of equipment applies notwithstanding any reference to the contrary in any drawing, manual, or specification for the contract items.

1.2. Repair Requirements. The Contractor shall provide the necessary facility, labor, materials, parts, and test and tooling equipment required to return the items (see Attachment A - if applicable) for a list of these items) to a Ready For Issue (RFI) condition. RFI is defined as that condition allowing the items to perform properly and reliably in an operational environment in a manner they were intended to operate.

The Contractor shall identify the governing repair manual(s)/documents for each item covered by this contract. On the same attachment, the Contractor must identify the facility for each item where repair, including final test and inspection, is completed.

1.2.1. Changes to repair manuals/documents and changes to drawings or specifications for the manufacture of parts utilized in these repairs require Procuring Contracting Officer (PCO) approval.

In addition, as provided for in Section 2.3, requests for changes to a repair source or repair facility shall be submitted in writing to the PCO and must be approved prior to making any such change.

1.2.2. Any repairs performed using unapproved changes to manuals, drawings, specifications, or unapproved changes to a repair source or facility are not permitted.

1.2.3. The Contractor is not entitled to any equitable adjustment to the price or contract terms based on the Government’s disapproval of a requested change to manuals, drawings, specifications, or to a repair source or facility.

1.3. Beyond Repair (BR)

1.3.1. Scope. An item is BR when the item is not capable of being repaired in accordance with the

Statement of Work due to the extent of physical damage.

1.3.2. Procedures. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to be BR. All such determinations, including the basis for the determination and the DCMA written concurrence shall be provided by the Contractor to the PCO, with a copy to the Inventory Manager (IM). After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions. If provided disposition instructions, the contractor shall submit a proposal for BR pricing to the PCO within 30 days of receipt of these instructions. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures.

1.4. Beyond Economical Repair (BER)

1.4.1. Scope. An item is BER if the cost of the repair exceeds 75% of the replacement price for items identified on the schedule for this order. This replacement price is for the purposes of BER determinations only, and may not be used or relied on by the offeror in the pricing of the repairs required by this contract.

1.4.2. Procedures. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to be BER. All such determinations, including the basis for the determination, the repair required, the Contractor’s proposed BER price to repair, and the DCMA written concurrence, shall be provided by the Contractor to the PCO, with a copy to the IM. After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions or contractual authority for repair of the item. The Contractor is not authorized to proceed with the repair until notification is received from the PCO. If provided disposition disposal instructions, the contractor may submit a proposal for disposal pricing to the PCO within 30 days of receipt of these instructions. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures. Items determined BER will be separately priced.

1.4.3. The following additional procedures may apply, if authorized, for the replacement of a BER SRA

(Shop Repairable Assembly) within a WRA (Weapons Repairable Assembly) when the SRA has not been separately inducted. The Contractor may request authorization to:

Ship in place an accepted item from an existing spares or repair contract, if any, or MILSTRIP the SRA(s), Authorization to ship in place or MILSTRIP must be provided by the IM in writing to the Contractor and must be appropriately documented. The Contractor must provide written notification of any item shipped in place or MILSTRIPed to the PCO and an equitable adjustment may be required. If authorization to ship in place or MILSTRIP is not provided, the Contractor shall contact the PCO for further instructions.

1.5. Missing on Induction (MOI).

1.5.1. Scope. A WRA is subject to this MOI provision if the item received by the Contractor for repair is missing one or more SRAs and the SRA is not a separately inducted item. Contractor replacement of MOI SRAs is not included in the contract price. Items received by the Contractor missing consumable parts are not MOI items. Rather, repair of such items and replacement of the missing consumable parts are included in the contract price and the item shall be inducted and repaired by the Contractor under this contract.

1.5.2. Procedures. The Contractor shall immediately notify DCMA when an item is received with MOI SRA(s) and shall obtain written verification from DCMA for all WRAs determined to have MOI SRA(s). The Contractor shall provide written notice of all such determinations, including identification of the missing SRA(s), and the DCMA written verification, to the IM with a copy to the PCO and ACO prior to induction and/or repair of the WRA. The Contractor shall not proceed with repair of WRAs with MOI SRAs until instructions on how to proceed are provided to the Contractor.

1.5.3. The following additional procedures may apply, if authorized, for the replacement of a MOI SRA within a WRA. The Contractor may request authorization to:

Ship in place an accepted item from an existing spares or repair contract, if any, or MILSTRIP the SRA(s), Authorization to ship in place or MILSTRIP must be provided by the IM in writing to the Contractor and must be appropriately documented. If either of these options is not authorized, the Contractor shall contact the PCO for further instructions.

1.6. Swapping SRAs

1.6.1. Scope. On rare occasions the Contractor may request authority to replace a failed but repairable

SRA (within an inducted WRA) that is not BR, BER or MOI.

1.6.2. Procedures. The Contractor may request authorization to replace the failed SRA unit from the

Contractor’s production line, by MILSTRIP for an RFI item from Government stock, or with another repairable WRA, i.e. cannibalization. Permission from the PCO must be obtained and an equitable adjustment may be required. Authorization to ship in place from the Contractor’s production line or MILSTRIP must be appropriately documented. Although permission from the PCO is required if the SRA is obtained from another repairable WRA (cannibalized).

2.0 PARTS AND MATERIAL

2.1. The Contractor is responsible for supplying all parts and material necessary to perform the required repairs under this contract unless parts or material are specifically identified as Government Furnished Material (GFM). All parts and material used in performance of this contract shall be in accordance with the latest approved revision of applicable drawings and specifications. The Contractor shall ensure it has access for the duration of this contract to updated drawings and specifications for parts and material required for repairs performed under this contract. Any change to such parts/material drawings or specifications requires Government PCO approval.

2.2. All parts and material shall be new in accordance with FAR 52.211-5, Material Requirements, which is incorporated by reference herein. Authorization to use other than new material as defined by FAR 52.211- 5 requires written approval from the PCO. In addition, cannibalization of piece parts must be approved by the PCO. Cannibalization of units that have not been inducted is not authorized and requires specific additional approval by the PCO. Cannibalization or swapping, including any actions authorized under paragraphs 1.4, 1.5 and 1.6, shall not render an item BER or BR.

2.3. Written approval from the PCO must be obtained prior to any change to the manufacturing source or manufacturing facility for all parts which require source approval. However, if the Contractor has been delegated authority in writing by another Navy Command to approve a change in manufacturing source or a manufacturing facility, the Contractor may implement such a change after notifying the PCO, providing a copy of such delegation to the PCO, and receiving acknowledgment of such delegation from the PCO.

2.3.1. Where there has been a change to a manufacturing source, the Contractor shall complete all qualification testing that was required when that item or component was originally qualified. Any changes in such testing shall be submitted to the Contracting Officer for Government review and approval. Any repairs performed using unapproved changes to such drawings, specifications or manufacturing source or facility are not authorized. The Contractor is not authorized to deliver any items until such testing (including revised testing as properly approved) has been completed and the delivered items are repaired/manufactured in accordance with the qualification requirements package.

2.3.2. The Contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a requested change to the drawings, specifications or manufacturing source or facility.

2.4. Purchased Material Control and Parts Control. The Contractor shall establish and maintain a system of control over purchased parts and material. Such controls shall, at a minimum, ensure that the parts and material purchased are in compliance with the requirements of this contract.

2.5. Receiving Inspection of Purchased Parts and Material. Purchased parts and material shall be inspected by the Contractor upon receipt at the Contractor’s facility to ensure conformance with all requirements of the applicable drawings and specifications. Alternatively, the Contractor shall submit, prior to contract award, evidence for Government review and approval of a purchased parts and material system which provides for adequate inspection to ensure parts and material conform with all requirements of the applicable drawings and specifications.

2.5.1. Evidence of such inspections shall be maintained by the Contractor or Subcontractor for Government review at least twelve (12) months following the conclusion of the contract. The inspection report shall, at a minimum, include a record of all dimensional data (coordinate/positional), material, finish, and processes with appropriate pass/fail criteria, such as certifications, and actual dimensional readings.

3.0 INSPECTION PROVISIONS

3.1. Government inspection shall be in accordance with FAR 52.246-2, Inspection of Supplies - Fixed-Price incorporated by reference in Section E, at source by DCMA unless otherwise specified in the contract or as authorized by the Administrative Contracting Officer (ACO) or PCO. Acceptance testing shall be conducted under the surveillance of the DCMA QAR. These tests shall include all tests necessary to assure that the items repaired conform to the performance required to provide Ready For-Issue material.

The DCMA retains the authority to require the Contractor to conduct or reconduct any tests deemed necessary to ensure compliance with the manuals, drawings and specifications applicable to this contract.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

The text of all FAR, DFARS, and NMCARS provisions and clauses may be accessed electronically at the following links:

https://www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.acquisition.gov/nmcars

The text of DoD Class Deviations may be accessed electronically at the following link:

https://www.acq.osd.mil/dpap/dars/class_deviations.html

NAVSUP and NAVSUP WSS specific Text and Statement of Work Language will be contained in the body of the contract.

CLAUSE NUMBER CLAUSE TITLE CLAUSE DATE

FAR 52.202-1 Definitions

JUN 2020

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

JUN 2020

FAR 52.204-2 Security Requirements (applicable if contract requires access to classified information)

MAR 2021

FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 FAR 52.204-13 System for Award Management Maintenance OCT 2018 FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services

MAY 2014

FAR 52.211-5 Material Requirements (not applicable to Commercial Items) AUG 2000 FAR 52.211-15 Defense Priority and Allocation Requirements APR 2008 FAR 52.211-17 Delivery of Excess Quantities (Applicable to fixed-price for Supplies) SEP 1989 FAR 52.213-3 Notice to Suppliers (applicable to unpriced purchase orders) APR 1984 FAR 52.213-4 Terms and Conditions - Simplified Acquisitions Other Than Commercial

Products and Commercial Services NOTE: This clause contains a list of applicable FAR clauses incorporated by

DEC 2022

FAR 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997 FAR 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business Concerns

SEP 2021

FAR 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

SEP 2021

FAR 52.222-29 Notification of Visa Denial APR 2015

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 FAR 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 FAR 52.223-6 Drug-Free Workplace MAY 2001 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or

Transactions Relating To Iran-Representation And Certifications (applicable to all acquisitions)

JUN 2020

FAR 52.232-23 Assignment of Claims (applicable >MPT) MAY 2014 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 FAR 52.239-1 Privacy or Security Safeguards AUG 1996 FAR 52.243-1 Changes - Fixed-Price (applicable to a fixed-price contract for Supplies) AUG 1987 FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services DEC 2022

FAR 52.245-1 Government Property SEP 2021

FAR 52.246-2 Inspection of Supplies - Fixed-Price (applicable to all NAVSUP WSS acquisitions)

AUG 1996

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.acquisition.gov/nmcars https://www.acq.osd.mil/dpap/dars/class_deviations.html

FAR 52.247-29 F.O.B. Origin FEB 2006 FAR 52.247-65 F.O.B. Origin, Prepaid Freight -- Small Package Shipments JAN 1991 FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form)

(applicable to a fixed-price contract at or below $250K)

APR 1984

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 DFARS 252.204-7000 Disclosure of Information (applicable when KTR will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public)

OCT 2016

DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992 DFARS 252.204-7004 Antiterrorism Awareness Training for Contractor JAN 2023

DFARS 252.204-7006 Billing Instructions OCT 2005

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (applicable if clause FAR 52.204-7 applies)

MAY 2021

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023

DFARS 252.204-7021 Cybersecurity Maturity Model Certification Requirements JAN 2023

DFARS 252.204-7022 Expediting Contract Closeout (when the Contracting Officer intends to expedite contract closeout through the mutual waiver of entitlement to a residual dollar amount of $1,000 or less determined at the time of contract closeout)

MAY 2021

DFARS 252.225-7001 Buy American and Balance of Payments Program —BASIC (applicable in place of FAR 52.225-1; applicable unless one or both of the following clauses apply to all items on the acquisition -- 252.225-7021 and/or 252.225-7036)

JAN 2023

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (applicable when one of the following clauses is used -- 252.225-7001, 252.215- 7021 or 252.215-7036)

MAR 2022

DFARS 252.225-7013

(DEV)

Duty-Free Entry (DEV 2020-O0019) (applicable in place of FAR 52.225-8;

does not apply to Supplies that will NOT enter U.S. customs territory)

JAN 2022

DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (not applicable if the items being acquired do not contain ball and roller bearings, or a waiver has been granted in accordance with 225.7009-4)

JAN 2023

DFARS 252.225-7021

(DEV)

Trade Agreements —BASIC (DEV 2020-O0019) (applicable in place of FAR 52.225-5; use if the WTO GPA applies)

JAN 2022

DFARS 252.225-7025 Restriction on Acquisition of Forgings DEC 2009 DFARS 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate DEC 2006 DFARS 252.225-7031 Secondary Arab Boycott of Israel JUN 2005

DFARS 252.225-7036

(DEV)

Buy American - Free Trade Agreements - Balance of Payments Program — BASIC (DEV 2020-O0019) (applicable at or above $100K but less than $183K)

JAN 2022

8Page 9 of 56 https://www.acquisition.gov/dfars/225.7009-4-waiver.#DFARS-225.7009-4

DFARS 252.225-7036 Alt

IV (DEV)

Buy American - Free Trade Agreements - Balance of Payments Program - Alternate IV (DEV 2020-O0019)

JAN 2022

DFARS 252.225-7041 Correspondence in English (applicable when contract performance will be wholly or in part in a foreign

JUN 1997

DFARS 252.225-7048 Export Controlled Items JUNE 2013 DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022 DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (not applicable if an exception to submission in electronic form at 232.7002(a) applies and instructions for invoices are contained in the contract administration data section of the purchase order)

DEC 2018

DFARS 252.232-7010 Levies on Contract Payments DEC 2006 DFARS 252.235-7003 Frequency Authorization (applicable for testing or operating a device requiring a frequency authorization and DD Form 1494 not authorized to obtain radio frequency authorization.)

MAR 2014

DFARS 252.243-7001 Pricing of Contract Modifications (applicable to fixed-price type contracts) DEC 1991 DFARS 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property APR 2012

DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property APR 2012

DFARS 252.245-7002 Reporting Loss of Government Property JAN 2021

DFARS 252.245-7003 Contractor Property Management System Administration APR 2012

DFARS 252.245-7004

(DEV)

Reporting, Reutilization, and Disposal (DEVIATION 2022-O0006) NOV 2021

DFARS 252.246-7003 Notification of Potential Safety Issues (applicable to repairable or consumable parts that are critical safety items, and the repair or overhaul of these parts)

JAN 2023

DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System JAN 2023 DFARS 252.247-7023 Transportation of Supplies by Sea (not applicable for direct purchase of ocean transportation services)

JAN 2023

ORDER PROCESSING

1. Unless stated otherwise, the unit prices and total amounts shown are not Firm Fixed Prices but are Monetary Limitations. The contractor shall submit a price proposal and firm delivery to the NAVSUP Weapon Systems Support (NAVSUP WSS), Attn: to the Buyer listed in Block 6 on Page 1 within 45 days after the date of this order or receipt of the unit(s) whichever is later, but in any event prior to 40% completion of the required repairs. In no event shall the total value of the order exceed $250,000.00.

2. In cases of Monetary Limitation Orders, upon mutual agreement, a Standard Form 30, Amendment of Solicitation/Modification of Contract, shall be issued by the NAVSUP WSS establishing the firm fixed unit prices and delivery schedule for the articles to be serviced. The prices agreed to by the NAVSUP WSS or the prices established pursuant to FAR 52.233-1 "Disputes" clause shall be the contract prices.

3. Limitation of Liability for Monetary Limitation Orders. Prior to the approval of prices on this order, the contractor shall be permitted to stop work at any time it is reasonably estimated that the costs incurred with respect to this order, plus termination expense and profit, will exceed the monetary limitation set forth on page 1 of this order. In the event the contractor so stops work on this order, he shall promptly notify the NAVSUP WSS, Attn: to the Buyer listed in Block 6 on Page 1 of the amount of increase in monetary limitation which is reasonably required in order for the contractor to proceed further with the order. The Government shall not be obligated under any provisions of this order to pay the contractor any amount in excess of the monetary limitation as stated on page 1 of

9Page 10 of 56 this order, if the prices have not been approved via Standard Form 30, Amendment of Solicitation/Modification of Contract

4. Limitation of Articles to Be Serviced. The contractor shall not begin servicing of any article(s) where the total price to the Government (labor and parts) is reasonably expected to exceed 80% of the item replacement cost as shown below. Furthermore, whenever it becomes apparent, prior to the submission of the quotation, that the cost for completing the servicing of any article(s) will exceed the foregoing figure, the contractor will discontinue the servicing of such articles. In either of the foregoing events, the contractor shall promptly advise the NAVSUP WSS, Attn: to the Buyer listed in Block 6 on Page 1 with a copy to the Procuring Contracting Officer (PCO), of the estimated cost of servicing such article. The contractor will subsequently be advised by NAVSUP WSS PCO, if the article is to be serviced notwithstanding that the price for such servicing will exceed the figure above, or if determination is that servicing is to be discontinued. If the servicing is to be discontinued, NAVSUP WSS PCO will provide disposition instructions for the item.

ITEM REPLACEMENT COST *

0001 ____________________

*To be used for identification of Beyond Economical Repair (BER) units only, the replacement cost cited above is the latest replacement cost in NAVSUP WSS files. This figure shall be used for the purposes of this clause unless the contractor notifies the contracting officer in writing and both parties agree in writing to an updated replacement cost based on production run quantities of a new article in a configuration similar to the configuration of the article to be serviced.

WORK STATEMENT SPECIFICATIONS

1. The Contractor shall repair and/or modify subject equipment to a ready for issue serviceable operating condition and insure optimum reliability for the intended use in accordance with the applicable drawings/specifications established. The RFI/modified units shall be in accordance with the latest approved configuration.

2. Functions required to accomplish the above shall basically consist of the following tasks:

(a) Clean, visually inspect and bench test.

(b) Disassemble to the extent necessary to inspect for needed repairs, processes and parts or subassemblies required.

(c) Perform necessary repairs including rework and/or replace of parts of subassemblies.

(d) Reassemble, perform calibration, functionally test, perform acceptance inspection and prepare for shipment

3. Services required to accomplish the above objectives shall be IAW the contractor's established industrial shop methods/procedures and special tools and test equipment developed.

4. Service changes, bulletins, or modifications except as specified herein shall not be incorporated by the contractor under the contract without prior approval from the contracting officer.

5. Repair Parts and/or subassembly replacement:

(a) Parts and/or subassembly replacement shall be in accordance with the applicable drawings and specification.

(b) Parts and/or subassemblies determined jointly, by the cognizant Government inspector and the contractor, to be economically repairable shall be reworked by the contractor and used in so far as practical in lieu of using new parts.

6. Prior to induction for repair, the DCMC (QAR) must approve or disapprove the rejection of any item determined by the contractor as being beyond the limits for refurbishing.

7. Clause 52.246-2 Inspection of Supplies-Fixed-Price is applicable to this order.

8. The contractor is _____ is not __X__ required to provide a list of failed/replaced parts associated with the repair and or modification of the articles under this order. Any additional cost for this effort should be included in the repair price. The list will be forwarded in the same envelope that contains the DD250's that accompany the repaired unit during shipment.

WARRANTY FOR OVERHAUL AND REPAIR

1. Notwithstanding inspection and acceptance by the government of articles or services furnished under this contract or any provision of this contract concerning the conclusiveness thereof, the contractor warrants that at the time of delivery:

(a) Any part furnished or work done under this contract will be free from defects in material and workmanship and will conform with the specifications and all other requirements of this contract, and

(b) The preservation packaging, packing, and marking and the preservation for, and method of, shipment of any repaired or overhauled article will conform with the requirements of this contract.

2. Within one year after the delivery of any article repaired or overhauled under this contract, written notice may be given by the government to the contractor of any breach of the warranties in paragraph (1) of this clause as to such article. Within a reasonable time after such notice , the contracting officer shall advise the contractor either (I) that the contractor shall correct or reperform any defective or nonconforming services and replace any defective or nonconforming parts, or (II) that the government does not require correction or reperformance or services or replacement of parts. If the contractor is required to correct or reperform services or replace parts, it shall be at no cost to the government. If the contractor fails or refuses to correct or reperform services or to replace parts, the contracting officer may, by contract or otherwise, correct or replace with similar services and parts and charge to the contractor the cost occasioned to the government thereby or obtain an equitable adjustment in the contract price. If the government does not require correction or reperformance or services or replacement of parts, the contracting officer shall make an equitable adjustment in the contract price. Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the disputes clause of this contract.

3. When return, correction, or replacement is required, transportation charges and responsibility for such articles or part thereof while in transit shall be borne by the contractor. However, the contractor’s liability for such transportation charges shall not exceed any amount equal to the cost of the transportation by usual commercial method of shipment between the place of delivery specified in this contract and the contractor’s plant, and return.

4. In lieu of the warranty marking labels contained in MIL-STD-129, the following warranty label shall be used:

Warranted at time of delivery, notification of breach of warranty required within 1 year of last actual delivery under this contract. Actual deliveries may differ from scheduled delivery schedules. Last scheduled delivery date:

OR

Warranted at time of delivery, notification of breach of warranty required within 1 year of the last delivery under this contract. Last delivery date:

5. Any articles or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all provisions of this clause to the same extent as items initially delivered. The warranty with respect to such articles or parts thereof shall be at the time of delivery, and any notice of breach of warranty shall be given in accordance with paragraph (2) above.

6. All implied warranties of merchantability and fitness for a particular purpose are hereby excluded from any obligation contained in this contract.

7. The rights and remedies of the government provided in this clause are in addition to and do not limit any rights afforded to the government by any other clause of this contract.

CONTRACT ADMINISTRATION

1. Nonconforming supplies as defined in FAR 46.101 will not be accepted without approval of the Procuring Contracting Officer (PCO). .

2. The Administrative Contracting Officer (ACO) shall determine and insure that:

(a) All units determined by the contractor to be beyond economical shall bear a confirmation by the DCMC QAR or ACO and shall accompany the contractor's evaluation to the NAVSUP WSS Procuring Contracting Officer (PCO), ATTN: to the Buyer listed in Block 6 on Page 1

(b) A copy of the DD Form 250 entitiled "Material Inspection and Receiving Report" with the acceptance block signed by the authorized Government representative shall be packaged with each unit processed under this order.

(c) The contractor shall not incorporate any newly proposed modifications or changes into the items inducted under this order without prior approval of the NAVSUP WSS Procuring Contracting Officer (PCO).

(d) Each DD-Form 250 issued under this order shall bear the notation "Commercially Serviced Material."

(e) Any requests for additional funding above the established monetary limitation of this order, with appropriate reasons for the addition, to NAVSUP WSS, ATTN: to the Buyer listed in Block 6 on Page 1

(f) The completed units shall be identified by adding a decal or suitable marking on each unit in an easily accessible location and shall contain the following information:

(i) Contractor's name, federal manufacturer code or trademark.

(ii) Completion date of repair/work.

(iii) Contract number.

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020) (Applicable at or above $30K)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect cost.

“Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause required the disclosure of classified information.

(d)

(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first tier subcontract. (The Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements and other forms of Federal financial assistance; and http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/ http://www.fsrs.gov/ https://www.fsrs.gov/

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold in FAR 4.1403(a), on the date of subcontract award, to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

FAR 52.219-13 – NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

(a) The contracting officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The contracting officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of clause)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

(applicable > MPT when performance is in the USA or its outlying areas)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/ https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_217_8

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.