3.01_Solicitation_N00383PR0R109.pdf

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N0038322QR109 Federal contract opportunity
Solicitation number
N0038322QR109
Issued by
Department of the Navy Naval Supply Systems Command

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ORDER FOR SUPPLIES OR SERVICES PAGE 1 OF

(Contractor must submit four copies of invoice.)

1.CONTRACT/PURCH ORDER NO. 2.DELIVERY ORDER NO. 3.DATE OF ORDER

(YY/MM/DD)

4.REQUISTION/PURCH REQUEST NO. 5.PRIORITY

N0038322PR0R109

6.ISSUED BY CODE N00383 7.ADMINSTERED BY (If other than 6) CODE

NAVSUP WSS

700 Robbins Avenue Philadelphia, PA 19111

8.Delivery

FOB

DEST

OTHER

Buyer: Code: (See Schedule if other)

Email:

Phone: SCD:

9.CONTRACTOR CODE FACILITY CODE 10.DELIVER TO FOB POINT BY 11.X IF

BUSINESS IS

SMALL

SMALL DISAD

VANTAGED

WOMEN-OWNED

NAME AND

ADDRESS

ATTENTION TO:

12.DISCOUNT TERMS

DUNS #:

13.MAIL INVOICES TO THE ADDRESS IN BLOCK

SEE BLOCK 15

14.SHIP TO CODE 15.PAYMENT WILL BE MADE BY CODE MARK ALL

PACKAGES AND

PAPERS WITH

CONTRACT OR

ORDER NUMBER

SEE ORDER SCHEDULE

16.

TYPE OF

ORDER

DELIVER This delivery order is issues on another government agency or in accordance with and subject to terms and conditions of above numbered contract.

PURCHASE

Reference your furnish the following on terms specified herin

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRSENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS

AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

(YY/MM/DD

If this box is marked, supplier must sign Acceptance and return the following number of copies:

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

SEE SCHEDULE

18.ITEM

NO.

19.SCHEDULE OF SUPPLIES/SERVICE 20.QUANTITY

ORDERED/

ACCEPTED*

21.UNIT 22.UNIT PRICE 23.AMOUNT

* If quantity accepted by the Government is same as quantity ordered, indicate by X.If different, enter actual quantity accepted below quantity ordered and encircle.

24.UNITED STATES OF AMERICA 25.TOTAL

26.DIFFERENCE

27.QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED:

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE c. DATE (YYYYMMMDD) d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP NO 29.D.O. VOUCHER NO 30. INITIALS

PARTIAL

FINAL

32. PAID BY 33.AMOUNT VERIFIED CORRECT FOR

f. TELEPHONE NUMBER g. E-MAIL ADDRESS

31. PAYMENT 34. CHECK NUMBER

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT COMPLETE

PARTIAL

FINAL

a.DATE

(YYYYMMMDD)

b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 35. BILL OF LADING NO.

37.RECEIVED

AT

38.RECEIVED BY (Print) 39.DATE

RECEIVED

(YY/MM/DD)

40.TOTAL CON-

TAINERS

41.S/R ACCOUNT NO 42.S/R VOUCHER NO.

DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN NSN/PART NUMBER and NOMENCLATURE

SubCLIN MILSTRIP(TR)/Serial Number

NSN:

Part Number:

Nomenclature:

Serial Number: EA

NSN:

Part Number:

Nomenclature:

Serial Number: EA

TOTAL

FMS Case:

Ship To:

Mark For:

SUPPAD:

TRANSPORTATION SCHEDULE INSTRUCTIONS:

In accordance attached packaging sheet

REPLACEMENT COST/STANDARD PRICE:

REPLACEMENT COST/STANDARD PRICE:

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

Sponsered by GSA FAR (48 CFR) 53.110

Repair-FMS-less than $250k 2

PART I - THE SCHEDULE

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 - SERVICES, MATERIALS, AND PARTS TO BE FURNISHED

(a) The Government may order, in the manner provided elsewhere herein, the following types of effort:

(1) Repair and/or Modification: The contractor shall furnish effort including labor, material, and facilities as may be required to repair and/or modify the ordered quantities of spare repairable assemblies in the _MV-22 System. The spare repairable assemblies to be repaired and/or modified under this agreement are set forth by manufacturer's part number in Attachment

"A" and constitute “Government Property” as defined in FAR clause 52.245-1 “Government Property” or 52.245-1

Alternate I, as applicable. Repair and/or modification of spare repairable assemblies will be accomplished in accordance with the Statement of Work (Section C03).

(2) For matters not delegated to the Administrative Contracting Officer (ACO), the Procuring Contracting Officer (PCO)

Representative is listed on page 1, block 6. This order covers induction for a one-year period from the date of this order, unless otherwise directed by the PCO. Within 30 days after the last day cited for induction, the contractor will advise the cognizant PCO Representative of how many units were inducted against each item. Within 60 days of the last day cited for induction, the ACO shall issue a modification to the order reducing all excess quantities and funds, unless otherwise directed by the PCO. For a complete list of all possible input and output Part Numbers and National Stock Numbers for items repaired under this order, see the continuation sheet.

B02 – WSSTERMBA00 – CONTACT INFORMATION

When a DCMA office is shown on a Contract/Purchase Order, the Administrative Contracting Officer (ACO) is the primary point of contact and all inquiries shall initially be directed to that office for necessary action.

Inquiries and correspondence directed to the Post Award PCO should be addressed as follows:

Code: N733.12

Weapon System LRC: M5N________

Telephone: 215 697 3992

E-Mail: linda.vong2.civ@us.navy.mil

In the event that the listed PCO contact information is no longer valid and a follow-on PCO cannot be identified, contact

NAVSUPWSSITIMPHelpdesk@navy.mil .) (01-18)

B03 – DFARS 252.217-7028 – OVER AND ABOVE WORK (DEC 1991)

(a) Definitions. As used in this clause—

(1) “Over and above work” means work discovered during the course of performing overhaul, maintenance, and repair efforts that is—

(i) Within the general scope of the contract;

(ii) Not covered by the line item(s) for the basic work under the contract; and

(iii) Necessary in order to satisfactorily complete the contract.

(2) “Work request” means a document prepared by the Contractor which describes over and above work being proposed.

(b) The Contractor and Administrative Contracting Officer shall mutually agree to procedures for Government administration and

Contractor performance of over and above work requests. If the parties cannot agree upon the procedures, the Administrative

Contracting Officer has the unilateral right to direct the over and above work procedures to be followed. These procedures shall, as a minimum, cover—

(1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the

Contracting Officer to perform the proposed work;

(2) Government review, verification, and authorization of the work; and

(3) Proposal pricing, submission, negotiation, and definitization.

(c) Upon discovery of the need for over and above work, the Contractor shall prepare and furnish to the Government a work request in accordance with the agreed-to procedures.

(d) The Government shall—

(1) Promptly review the work request;

(2) Verify that the proposed work is required and not covered under the basic contract line item(s);

(3) Verify that the proposed corrective action is appropriate; and

(4) Authorize over and above work as necessary.

mailto:NAVSUPWSSITIMPHelpdesk@navy.mil

Repair-FMS-less than $250k 3

(e) The Contractor shall promptly submit to the Contracting Officer, a proposal for the over and above work. The Government and

Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work.

(f) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C01 - INPUT OF ARTICLES TO BE REPAIRED AND/OR MODIFIED

(a) Articles to be repaired and/or modified under this agreement, as shown on Page 2, will be shipped at the Government's expense to the plant of the contractor at:

ASTRONAUTICS CORP (10138)

135 W FOREST HILL AVE, OAK CREEK, WI 53154 USA

The contractor shall receive for each shipment a list (referencing this agreement number) of the articles included in the shipment.

(b) Upon receipt of such articles, the contractor shall:

(1) If the ACO issues the orders, then, promptly notify the ACO of the receipt of the articles;

(2) Verify that the articles received corresponds with the list of the articles furnished for such shipment;

(3) Inspect such articles to assure that they are candidates for servicing under this agreement;

(4) Segregate those which were improperly sent to the contractor and request disposition instructions therefore from the

NAVSUP Weapon Systems Support PCO;

(5) Provide adequate storage for articles to be repaired pending issuance of an order by the ACO or PCO hereunder;

(6) Not proceed with the repair of any articles set forth in Attachment "A" (i.e., inducting any units into "M" condition) until funding authorization is received from the ACO or PCO. Retain such units in "F" condition until funding authorization/disposition instructions are received from the Government (ACO or PCO).

(7) Advise the Government (ACO and PCO) if any portion of the required repair is a result of the furnishing by the contractor of articles that were defective in material and/or workmanship, or otherwise not in conformance with the requirements of the contract under which such articles were originally furnished; and

(8) Further advise the Government (ACO or PCO) of the results of the foregoing preliminary inspection, together with a list of the articles and quantities required to be repaired.

C02 - SPECIFICATIONS FOR REPAIR/MODIFICATION/STATEMENT OF WORK (SOW)(AUG 2006)

1.0 SCOPE

1.1. General. The items to be furnished hereunder shall be repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this Contract. Government Furnished Property (GFP), including 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 within this contract. This limitation regarding the furnishing of GFP 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 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 if any governing repair manual(s)/documents applies 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 accordance with the Configuration

Management provisions of this Contract. 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 and any such changes are done entirely at the Contractor’s own risk.

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 Physical Repair (BPR)

Repair-FMS-less than $250k 4

1.3.1. Scope. An item is BPR 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 BPR. 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 BER 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 80% of the replacement price identified by the contractor upon submittal to DCMA, with DCMA’s concurrence. 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. Items determined BER will be separately priced if the repair is authorized by the PCO. 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 proposed 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 instructions, the contractor shall submit a proposal for BER 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.

1.4.3. 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 in accordance with Section III.I.2.a of the WEB-BASED COMMERCIAL ASSET

VISIBILITY (WEBCAV) STATEMENT OF WORK. 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 BOA, 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 in accordance with Section III.I.2.b of the WEB-BASED COMMERCIAL ASSET

VISIBILITY (WEBCAV) STATEMENT OF WORK. 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 BPR, BER or MOI.

Repair-FMS-less than $250k 5

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 in accordance with Section III.I.2.c of the WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV)

STATEMENT OF WORK. Although permission from the PCO is required if the SRA is obtained from another repairable WRA (cannibalized), that transaction does not have to be input into CAV.

1.6.3. Swapping SRAs shall not render an item BER or BPR.

1.7. Over and Above Repair (OAR).

1.7.1. Scope. An item sent to the Contractor shall be considered to require Over and Above Repair (OAR) effort if the repair required is highly unusual, not the type of repair that would be anticipated as a result of normal Navy operation of the item and is not included in the contract pricing due to the nature or scope of the repair needed for that particular item. Therefore, repair of OAR items may be subject to equitable adjustment.

1.7.2. Procedures. To the maximum extent possible, OAR shall be identified by the Contractor as part of the price proposal.

If this is an undefinitized contract action, the Contractor shall identify OAR with the submission of the proposed ceiling price.

1.7.3. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to require

OAR effort. All such OAR determinations, including the basis for the determination, the repair required, the proposed price to repair and the DCMA written concurrence, shall be provided by the Contractor to the PCO prior to undertaking repair of the item. After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions or contractual authority for repair of the item. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures.

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 within this contract 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 approval in accordance with the Configuration

Management provisions of this Contract.

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 typically 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 BPR.

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, a Contractor who has been delegated authority by the Naval Air

Systems Command in writing to approve a change in manufacturing source or a manufacturing facility may implement such a change after notifying 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 done at the Contractor’s own risk. 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, assure 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 assure conformance with all requirements of the applicable drawings and specifications. Alternatively, the Contractor shall submit, prior to contract award, evidence for Government review and

Repair-FMS-less than $250k 6 approval of a purchased parts and material system which provides for adequate inspection to assure 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 referenced 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.

4.0 GOVERNMENT INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

4.1. The contractor will actively participate in the Government Industry Data Exchange Program per the GIDEP Operations

Manual. The Contractor will submit information concerning critical or major nonconformances, as defined in FAR 46.101 to the GIDEP information system.

4.2. The contractor will insert paragraph 5.1 in any subcontract when deemed necessary by the Contractor. When so inserted, the word “contractor” will be changed to the “subcontractor.”

4.3. The Contractor will, when it elects not to insert paragraph 5.1 in a subcontract, provide the subcontractor any GIDEP data which may be pertinent to items of its manufacture and verify that the subcontractor utilizes any such data.

4.4. The contractor will, whether it elects to insert paragraph 5.1 in a subcontractor or not, verify that the subcontractor utilizes and provides feedback on any GIDEP data that may be pertinent to items of its manufacture.

C03 – SUPTXT204-9400(1-17) - CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED

FACILITIES, SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT) SYSTEMS OR PROTECTED

HEALTH INFORMATION (APR 2017)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 –

“DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent

DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense

Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-

I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope

Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National

Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information

Repair-FMS-less than $250k 7

Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security

Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request

Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the

SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the

SAAR-N as the “supervisor.”

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s

Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS

ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command

Security Manager for guidance when reinvestigations are required.

Repair-FMS-less than $250k 8

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security

Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s

Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy

Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information

Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM);

Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility

(CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit

Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy

Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS

ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

SF-85 Questionnaire for Non-Sensitive Positions

Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written

Inquiries (NACI) or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

C04 - WSSTERMCZ01 - CONFIGURATION CONTROL

(a) The Contractor shall maintain the total baseline configuration of the contract items, including, but not limited to, hardware, software and firmware, in accordance with the configuration management provisions of this contract.

(b) Definitions

(1) Critical Application Item (CAI) – CAI is defined as an item that is essential to weapon system performance or operation, or the preservation of life or safety of operational personnel, as determined by the military services. The subset of CAIs, whose failure could have catastrophic or critical safety consequences (Category I or II as defined by MIL-STD-882), are

Critical Safety Items (CSI).

(2) Critical Safety Item (CSI) - CSI is defined as a part, an assembly, installation, or production system with one or more critical or critical safety characteristics that, if missing or not conforming to the design data, quality requirements, or

Repair-FMS-less than $250k 9 overhaul and maintenance documentation, would result in an unsafe condition that could cause loss or serious damage to the end item or major components, loss of control, un-commanded engine shutdown, or serious injury or death to personnel and unsafe conditions, which relate to hazard severity categories I and II of MIL-STD-882, System Safety Requirements.

CSIs are a subset of CAIs and include, but are not limited to, items determined to be life-limited, fracture critical, or fatigue sensitive. A Critical Safety Item may also be known by terms such as a Flight Safety Critical Aircraft Part, Flight Safety

Part, or Flight Safety Critical Part. For purposes of this contract, the term used will be Critical Safety Item.

(3) Engineering Change Proposal (ECP) – An ECP is the documentation by which an engineering change and its implementation for items to be delivered under this contract is proposed, justified and submitted to the appropriate authority for approval or disapproval. Class I and Class II ECPs will be classified as follows:

(i) Class I ECP. An engineering change will be classified as Class I if:

(A) it affects any physical or functional requirement in approved functional or configuration documentation, or

(B) it affects any approved functional, allocated or product configuration documentation, cost to the Government, warranties or contract milestones, or

(C) it affects approved product configuration documentation and one or more of the following: Government furnished equipment (including Government test equipment and associated programs such as Test Program Sets/Software);

safety; compatibility, interoperability, or logistic support; delivered technical manuals for which changes are not funded; will require retrofit of delivered units; preset adjustments or schedules affecting operating limits or performance to the extent a new identification number is required; interchangeability, substitutability, or replacement of any item down to non-repairable assemblies, sources on a source control drawing; or skills manning, training, biomedical factors or human engineering design.

(ii) Class II ECP. An engineering change is Class II if it does not impact any of the Class I factors specified above.

(4) Deviation – A deviation is the specific written authorization to depart from a particular requirement of the item’s configuration for a specific number of units or for a specific amount of time. It is also a specific written authorization to accept items, which are found to depart from specified requirements, but which nevertheless is considered suitable for use

“as is” or after correction by a specified method. The term deviation encompasses what previously had been defined as both a deviation and waiver, and therefore includes requests to depart from a known requirement before, during or after manufacture. Deviations will be classified as follows:

(i) Major. A deviation is major when it involves a departure from requirements or specifications involving: health, performance, interchangeability, reliability, survivability, maintainability or durability of the item or parts, effective use or operation of the item or system, weight or size, and appearance (when a factor).

(ii) Critical. A deviation is critical when the deviation involves or impacts safety.

(iii) Minor. A deviation is minor when the deviation does not involve factors listed above for either critical or major deviations.

(c) Configuration Management/ECPs

(1) The Government will maintain configuration control and change authority for all modifications or changes affecting form, fit, function, or interface parameters of the contract items and sub-assemblies. Guidelines for preparing Class I and Class II

ECPs may be found in MIL-HDBK-61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus

Standard for Configuration Management. The Contractor will maintain configuration of the items in accordance with the requirements of this contract.

(2) The Contractor shall submit an Engineering Change Proposal (ECP) for any Class I or II changes that impact the items covered by this contract. An ECP shall be designated Class I or Class II, as defined in this contract.

(i) If the Contractor has an ECP pending with another Government activity, has an approved ECP that the Contractor proposes to incorporate under this contract, or has an ECP pending or approved under a production contract, the

Contractor will notify the PCO of the status of the ECP and provide a copy of the ECP submission. Any such Class I

ECPs, however, will be incorporated only by modification to the contract.

(ii) A properly documented ECP submitted under this contract shall be processed as follows:

(A) Any Class I ECP must be submitted to the contracting officer for approval/disapproval. A Class I change will be not be implemented until a contract modification is issued by the contracting officer.

(B) Any Class II ECP involving a non-critical item or a CAI shall be submitted to the cognizant Defense Contract

Management Agency (DCMA) for concurrence in classification and may be implemented only upon receiving

DCMA concurrence. Any Class II ECP involving a CSI must be clearly identified as involving a CSI, must be submitted to the contracting officer for review by the contracting officer and the Navy’s Basic Design Engineer, and may be implemented only upon the approval of the contracting officer. If, however, authorized in writing by the contracting officer or if the Naval Air Systems Command has delegated authority in writing to the DCMA to concur in Class II ECPs involving CSIs for the Contractor (which is specific to the Contractor’s location and

CAGE code), a Class II ECP involving a CSI may be submitted to the DCMA and implemented upon DCMA’s concurrence with classification. If the affected Class II ECP item or items have not been identified as CAI, CSI or as non-critical by the Government, the Contractor will contact the contracting officer to obtain a classification for the affected items. The Government will not be responsible for any contract delay or disruption or any increased costs of performance of the contractor due to a misclassification of an ECP by the contractor, including those costs

Repair-FMS-less than $250k 10 associated with replacement of delivered items resulting from such a misclassification. Class II changes shall be made at no additional cost to the Government.

(iii) The Contractor shall coordinate with the cognizant NAVAIR PMA office prior to any ECP submission. The

Contractor will provide copies of configuration changes affecting FMS customers to NAVICP FMS, Code P751.

(iv) Under this contract, a Class I ECP may be prepared in the contractor’s format but in a medium compatible with

Government information management systems. In addition, a Class I ECP shall provide all information required by

DI-CMAN-80639C – Engineering Change Proposal. A Class II ECP may be prepared in the contractor’s format. The minimum required data is: name and part number of item affected; name and part number of next higher assembly;

description of the engineering change; need and reason for the change; all government contract numbers for which the change applies; and the change document number. Justification codes are not required for Class II ECPs.

(v) The contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a Class I or Class II ECP.

(d) Configuration Management/Deviations

(1) The Contractor shall not manufacture any item for acceptance by the Government that incorporates a known departure from technical or contractual requirements unless a request for a deviation has been approved. Authorized deviations are a temporary departure from the requirements only and do not authorize a change to the item’s configuration baseline.

(2) Deviation requests shall be prepared in accordance with DI-CMAN-80640C – Request for Deviation. Guidelines for preparing deviations may also be found in MIL-HDBK-61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus Standard for Configuration Management.

(3) Major, critical and minor deviations are classified in accordance with the definitions in this contract.

(4) A Request for Deviation shall be processed as follows upon submission of a properly documented request:

(i) For items involving a major or critical deviation, delivery and/or shipment of such items of items under this contract is not permitted until authorized in writing by the contracting officer.

(ii) For any non-critical item or CAI involving a minor deviation, delivery and/or shipment of such items under this contract is not permitted until authorized by the cognizant DCMA. Minor deviations affecting CSI must be identified as involving a CSI, must be submitted to the contracting officer for review by the contracting officer and the Navy’s

Basic Design Engineer, and may be delivered only upon the approval of the contracting officer. If, however, authorized in writing by the contracting officer or if the Naval Air Systems Command has delegated authority in writing to the DCMA to approve minor deviations involving CSIs for the Contractor (which is specific to the

Contractor’s location and CAGE code), a minor deviation affecting a CSI may be reviewed by the DCMA and may be delivered if authorization from DCMA is received. If the affected item or items have not been identified as CAI, CSI or as non-critical by the Government, the Contractor will contact the contracting officer to obtain a classification for the affected items.

(5) Recurring deviations are discouraged and shall be minimized. The contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a major/critical or minor deviation. In addition, the

Government may be entitled consideration from the contractor if a deviation is approved. (10-04)

C05 - DFARS 252.211-7005 - SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS

(NOV 2005)

(applicable >MPT)

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or

Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by Management

Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract

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