3.02_Solicitation_N0010423RS006_23013-0038.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

23013-0038 92

N00104-23-R-S006

BRANDYN MILLER N7M3.4

EMAIL ONLY

N00104

DO

SEE SECTION B

334514

NAVSUP WEAPON SYSTEMS SUPPORT MECH

5450 CARLISLE PIKE

MECHANICSBURG PA 17050-2411

28 JUL 2023

28 AUG 2023 /

4:30 PM ET

Contents

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A01 - NOTICE TO OFFERORS – INDEFINITE QUANTITY CONTRACT

A02 - TYPE OF CONTRACT – INDEFINITE QUANTITY CONTRACT

SECTION B – SUPPLIES/SERVICES AND PRICES

B01- PLACING AND PROCESSING ORDERS

B02- OBLIGATIONS OF THE CONTRACTOR

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C01 – CONFIGURATION MANAGEMENT

C02 – SUPTXT204-9400 (3-19) - CONTRACTOR UNCLASSIFIED ACCESS TO

FEDERALLY CONTROLLED FACILITIES, SENSITIVE INFORMATION,

INFORMATION TECHNOLOGY (IT) SYSTEMS OR PROTECTED HEALTH

INFORMATION

SECTION D – PACKAGING AND MARKING

D01 – DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN

2023)

D02 – WSSTERMDZ02 ITEM MARKING REQUIREMENTS

D03 – WSSTERMDZ03 PRESERVATION, PACKAGING, PACKING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E01 – WSSTERMEZ03 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT

E02 - INSPECTION AND ACCEPTANCE AT ORIGIN

SECTION F – DELIVERY OR PERFORMANCE

F01 - CLAUSES INCORPORATED BY REFERENCE

F02 - TIME OF DELIVERY

F03 - FAR 52.211-8 - TIME OF DELIVERY (JUNE 1997)

F04 - PLACE OF DELIVERY - FOB ORIGIN

F05 – SUPPLEMENTAL DELIVERY MATTERS

F06 - WSSTERMFZ05 - FMS DELIVERY AND SHIPPING INSTRUCTIONS

SECTION G – CONTRACT ADMINISTRATION

G01 - CONTRACT ADMINISTRATION

G02 - DFARS 252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

G03 – DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN

2023)

SECTION H - SPECIAL PROVISIONS

H01 - SUPTXT243-9400(1-92) - AUTHORIZED CHANGES ONLY BY THE

CONTRACTING OFFICER

H02 - SUPTXT245-9409(1-92) - FACILITIES

H03 - WSSTERMHZ02 - QUALITY ASSURANCE REPRESENTATIVE (QAR)

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I01 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I02 – FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

I03 – ADDENDUM TO FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

I04 – FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

I05 – DFARS 252.204-7020 - NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN

2023)

I06 - DFARS 252.244-7000 - SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2023) . 57

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND OTHER INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K01 - CLAUSES INCORPORATED BY REFERENCE

K02 - FAR 52.204-20 - PREDECESSOR OF OFFEROR (AUG 2020)

K03 - FAR 52.207-4 ECONOMIC PURCHASE QUANTITY—SUPPLIES (AUG 1987)

K04 - FAR 52.209-7 - INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

K05 – FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

K06 – FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

K07 – DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (OCT 2016)

K08 – DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE - BASIC (NOV 2014)

K09 - DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION

BY SEA (JUN 2019)

K10 - WSSTERMKZ01 PRICING INFORMATION

K11 – WSSTERMKZ02 TRANSPORTATION AND MATERIAL SOURCE

INFORMATION 79

K12 - DFARS 252.225-7010 COMMERCIAL DERIVATIVE MILITARY ARTICLE –

SPECIALTY METALS COMPLIANCE CERTIFICATE (JUL 2009)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L01 - CLAUSES INCORPORATED BY REFERENCE

L02 – FAR 52.252-5 – AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L03 - FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE,

EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

L04 – FAR 52.212-1 - INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAR 2023)

L05 - FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021)

L06 – FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L07 – FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L08 – DFARS 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN

MILITARY SALES (APR 2003)

L09 – DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) ... 87

L10 – SUPTXT204-9400(4-22) CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY

CONTROLLED FACILITIES, SENSITIVE INFORMATION, INFORMATION

TECHNOLOGY SYSTEMS OR PROTECTED HEALTH INFORMATION

L11 – WSSTERMLZ05 REVIEW OF AGENCY PROTESTS

L12 – WSSTERMLZ06 CONSIGNMENT INSTRUCTIONS

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A01 - NOTICE TO OFFERORS – INDEFINITE QUANTITY CONTRACT

1. Ordering Period: This solicitation will ultimately result in Award of a five (5) Year Firm Fixed-Price

INDEFINITE QUANTITY CONTRACT with no option period. The Government may place orders for articles to be procured hereunder, during the period commencing on the date of execution of this contract and ending five

(5) years from the date thereof. Each order placed shall be issued and processed in the manner hereafter provided.

Each order placed under this contract shall be in accordance with this contract, without consideration of any leap-days.

2. Authorized Ordering Activity: The Authorizing Ordering Activity under the contract shall be NAVSUP

WEAPON SYSTEMS SUPPORT (NAVSUP WSS). The Procuring Contracting Officer (PCO) shall place orders under this agreement in the manner provided elsewhere herein;

3. Form and Content of Orders: Orders issued under this Contract shall be prepared on DD Form 1155;

however, if exigency so demands, order may be issued via electronic transmission (e.g., e-mail) and will be confirmed by DD Form 1155 as soon as practicable thereafter, and will bear the notation "CONFIRMING

ORDER.” In addition, each DD Form 1155 order shall include the following:

1) Contract number and order number, effective date of order, and appropriate reference to this contract.

2) Citation of the negotiation authority pursuant to which the order is negotiated.

3) Description of supplies to be procured including item number, nomenclature, part number, national stock number, quantity, delivery schedule, unit and extended price.

4) Where appropriate, special instructions regarding shipping, place of inspection and delivery, and DoD priority designation.

5) Applicable appropriation and accounting data, packing/packaging instructions, and special invoicing instructions, if applicable.

6) Applicable DO Rating certified under DMS Regulation No. 1.

4. Minimum Guarantee: The guaranteed minimum to be ordered under the resulting contract is 1 EA to each successful Offeror. The Government is under no obligation to purchase any amount beyond the minimum guaranteed amount.

5. Maximum Ordering Authority: The total maximum amount that can be ordered under the resulting contract for all years and all contract line items combined is 2,235 EA. The total maximum amount is the total amount the government can order encompassing all successful Offerors.

6. All orders placed under the contract shall be issued as Priced Orders.

7. Offerors are requested to propose a delivery schedule in line with the required delivery schedule shown in

52.211-8.

8. In addition to all other terms and conditions of the RFP, offerors are to pay particular attention to the following clauses containing provisions and instructions for Indefinite Quantity Contracts (See Section B02, below):

CLAUSE TITLE

FAR 52.216-19 ORDER LIMITATIONS

FAR 52.216-22 INDEFINITE QUANTITY

FAR 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS

FAR 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS (APR 1984) Costs of transporting supplies to be delivered under this contract will not be an evaluation factor for award.

A02 - TYPE OF CONTRACT – INDEFINITE QUANTITY CONTRACT

FAR 52.216-22 - INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after the date of the last order placed during the effective period of the contract.

NSN 7ZH 6625 016874328

SPEC ANALYZER HH

FOR REFERENCE ONLY

82199 FSH20

82199 FSH20-N

SEE TECHNICAL REQUIREMENTS IN SECTIONS C, D, E, AND ATTACHMENTS

HM QUP ICQ PMT CD PM WM CUD CT UC LP IC UCL SP MK PACK UNIT PKWT UNIT PKCU OPI

D 001 000 HM 1 00 ZZ ZZ Z ED A 00 B 33 EFF 8.6 1.041 M

SUP PKG: ZZ = PACKAGE PER PMT/MOP LITHIUM BATTERY IN EQUIPMENT

PACKAGING IS IN ACCORDANCE WITH MIL-STD-2073

SECTION B – SUPPLIES/SERVICES AND PRICES

B01- PLACING AND PROCESSING ORDERS

ITEM NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE TOTAL AMOUNT

1 MIN

550 MAX

EACH

0001AA YEAR 1

Period of Performance is from Day 1 to 365

0001AB YEAR 2

Period of Performance is from Day 366 to 730

0001AC YEAR 3

Period of Performance is from Day 731 to 1095

0001AD YEAR 4

Period of Performance is from Day 1096 to 1460

0001AE

YEAR 5

Period of Performance is from Day 1461 to 1825

550 MAX

0002AA YEAR 1

0002AB YEAR 2

0002AC YEAR 3

0002AD YEAR 4

0002AE YEAR 5

NSN 7ZH 6625 015885515 TE

ANALYZER,SPECTRUM

82199 FSV40-N

N 001 000 41 1 00 FA JC 0 ED A 00 B 24 EFF 2.347 O

NSN 7ZH 6625 016938192

SIGNAL GENERATOR

82199 SMA100B

N 001 000 41 1 00 JA GH D ED A 00 B 00 EFF 34.5 1.748 O

PACKAGING IS IN ACCORDANCE WITH MIL-STD-2073

NSN 7ZH 6625 016980678

OSCILLOSCOPE

82199 RTH1004

D 001 000 HM 1 00 ZZ ZZ Z ED A 00 B 33 EFF 7.4 1.162 M

SUP PKG: ZZ = PACKAGE PER PMT, LITHIUM ION BATTERY IN EQUIPMENT

715 MAX

0003AA YEAR 1

0003AB YEAR 2

0003AC YEAR 3

0003AD YEAR 4

0003AE

220 MAX

0004AA YEAR 1

0004AB YEAR 2

0004AC YEAR 3

0004AD YEAR 4

0004AE

NSN 7ZH 7025 017059400

SIGNAL GENERATOR

82199 1422.1000K02

N 001 000 41 1 00 EA GE D ED A 00 B 00 EFF 17.0 1.063 O

200 MAX

0005AA YEAR 1

0005AB YEAR 2

0005AC YEAR 3

0005AD YEAR 4

0005AE

SOLICITATION NOTES:

1. All contractual documents (i.e., contracts, purchase orders, task orders, delivery orders and modifications) related to the instant procurement are considered to be “issued” by the government when copies are either deposited in the mail, transmitted by facsimile, or sent by other electronic commerce methods, such as email. The government’s acceptance of the contractor’s proposal constitutes bilateral agreement to “issue” contractual documentation as detailed herein.

2. Offerors may submit email proposals to the POC as responses to this solicitation. Email proposals are subject to the same rules as paper proposals.

3. The pricing shall be evaluated by using the maximum quantity multiplied by the highest unit price for each item and added together for a total price.

Inspection at Origin Acceptance at Origin

POC (Phone): (717)-605-1393 POC Email: brandyn.a.miller2.civ@us.navy.mil

FAR 52.216-18 – ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through five years after the effective date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ONE (1) UNIT, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 406 units;

(2) Any order for a combination of items in excess of 406 units; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) https://www.acquisition.gov/far/part-52#FAR_52_216_21

B02- OBLIGATIONS OF THE CONTRACTOR

(a) Orders issued under the contract shall be binding upon the date of issuance provided pricing and delivery schedule have been agreed to prior to issuance. The contractor shall, except as specified in paragraphs (b) and (c) below, immediately proceed with performance of the order.

(b) The contractor shall stop performance immediately and notify the Contracting Officer within 30 days of the date of order when an item to be delivered cannot be identified by the given part number or when an item’s configuration has been superseded as a result of an approved engineering change. After receipt of such notice, the Contracting Officer will advise the contractor of any actions to be taken, including whether performance is authorized.

(c) The contractor shall not proceed with performance of any order when the contractor’s applicable representations or certifications set forth in the contract cannot be made by the contractor as to such order. Revised representations and/or certifications shall be provided to the Contracting Offer within ten days of the date of order issuance.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C01 – CONFIGURATION MANAGEMENT

WSSTERMCZ04 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

a. 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.

b. The Contractor will insert paragraph (a) in any subcontract when deemed necessary by the Contractor.

When so inserted, the word "contractor" will be changed to "subcontractor."

c. The Contractor will, when it elects not to insert paragraph (a) 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.

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

(06-17)

WSSTERMCZ05 CONFIGURATION MANAGEMENT - MARITIME

1.0 Configuration Management

1.1 The cognizant systems command (SYSCOM), Naval Sea Systems Command (NAVSEA) or Naval Information

Warfare Systems Command (NAVWAR), Program Manager will maintain configuration control and change authority for all items in this contract.

1.2 In accordance with the configuration management provisions of this contract, the Contractor must maintain the total Equipment baseline configuration of the parts on this contract including, but not limited to, hardware, software and firmware.

NOTE: Additional information and guidance relative to engineering changes and variances may be obtained by contacting the cognizant SYSCOM Program Office.

1.0 Engineering Changes

2.1 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 Engineering Change Proposal (ECP) by the Contractor, including those costs associated with replacement of delivered items resulting from such a misclassification. ECP’s are classified as either Class I (Major) or Class II (Minor). For detailed classification criteria refer to DD Form 1692 instructions sheet. ECPs must be prepared in accordance with DI-SESS-80639E, Engineering Change Proposal (ECP).

2.1.1 Class I (Major) Changes: The Contractor must coordinate with the cognizant SYSCOM Program Office prior to any Class I ECP submission. The Contractor must notify the NAVSUP WSS Procurement Contracting Officer

(PCO) of any pending or approved Class I engineering changes with another Government activity that the Contractor proposes to incorporate under this contract. The cognizant SYSCOM Program Office will approve or disapprove of

Class I changes. Any approved Class I change may necessitate contract changes by the contracting officer, which changes may be handled under the Changes clause of this contract, FAR 52.243-1 The Contractor must not implement a Class I change on this contract until a contract modification is issued by the NAVSUP WSS PCO.

2.1.2 Class II (Minor) Changes: Class II changes must be submitted to the cognizant Defense Contract Management

Agency (DCMA) Contract Management Office (CMO), or to the Supervisor of Shipbuilding (SUPSHIP) Groton, for concurrence in classification and may be implemented only upon receiving DCMA, SUPSHIP, or

NAVSEA/NAVWAR Technical Warrant Holder (TWH) concurrence. On Navy Special Emphasis Program contracts/purchase orders, the Contractor must submit the Class II (Minor) change to the NAVSUP WSS PCO for approval or disapproval. Class II changes must be made at no additional cost to the Government.

2.5 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.

3.0 Variances

3.1 The Contractor must not deliver any item for acceptance by the Government that incorporates a known departure from product definition information unless a Request for Variance (RFV) has been approved. Authorized variances are a temporary departure from the requirements only and do not authorize a change to the item’s configuration baseline. RFVs are classified as Critical, Major, or Minor. For detailed classification criteria refer to the DD Form

1694 instructions sheet. Variance requests must be prepared in accordance with DI-SESS-80640E – Request for

Variance (RFV).

3.1.1 Critical/Major Variances: The Contractor must submit all critical/major variance requests via DCMA or

SUPSHIP and the NAVSUP WSS PCO, to the SYCOM Program Office or their delegated representative, for approval or disapproval. All approved critical/major variances require a contract modification by the NAVSUP WSS PCO prior to final inspection and acceptance of the items.

3.1.2 Minor Variances: For minor RFVs, delivery and/or shipment of such items under this contract is not permitted until the request is approved by the cognizant DCMA CMO, SUPSHIP, or SYSCOM TWH. On Navy Special

Emphasis Program contracts/purchase orders, the Contractor must submit minor variance requests via DCMA or

SUPSHIP and the NAVSUP WSS PCO, to the SYSCOM Program Office or their delegated representative, for approval or disapproval.

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 major/critical or minor variance.

(4-23)

C02 – SUPTXT204-9400 (3-19) - CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY

CONTROLLED FACILITIES, SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT)

SYSTEMS OR PROTECTED HEALTH INFORMATION

The following shall be inserted in full text in all solicitations and contracts (including commercial acquisitions) which require contractor unclassified access to federally controlled facilities, sensitive information, Information Technology

(IT) systems or protected health information. For commercial acquisitions, this text shall be incorporated into either the SOW or PWS.

The security text does not apply in cases where the contractor/vendor does not have access to Navy Marine Corps

Intranet (NMCI) computers, is not issued a Common Access Card (CAC) and is involved in training or other short term duties of less than 30 days duration that allow for the use of a visitor request. In these cases, the government employee must submit a Visitor Access Request (VAR) to the main gate or applicable processing entity for your facility and assume responsibility to escort those without CAC Credentials.

This clause does not apply to non-United States (U.S.) Nationals (foreign nationals) who are contactor employees performing work overseas. The clause is applicable to the U.S. Nationals living in the U.S. or overseas who are performing work on a Navy contract.

The investigation of a non-U.S. national at a foreign location must be consistent with a National Agency Check with

Written Inquiries (NACI), to the extent possible and include a fingerprint check against the Federal Bureau of

Investigation (FBI) criminal history database, an FBI investigations file (name check) search and a name check against the terrorist screening database. Also, the above cited reference notes that Foreign Nationals may not be granted CAC credentials until completion of their investigation and not in the interim.

Per Department of Defense Memorandum (DoDM) 5200.2, Department of Defense (DoD) components must initiate and ensure completion of a background investigation before applying the credentialing standards to a non-U.S.

national at a foreign location. The background investigation must be favorably adjudicated before a CAC can be issued to a non-U.S. national at a foreign location. The type of background investigation may vary based on standing reciprocity treaties concerning identity assurance and information exchanges that exist between the U.S. and its allies or agency agreements with the host country.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE

INFORMATION, IT SYSTEMS OR PROTECTED HEALTH INFORMATION

Executive Order 13467, Reforming Processes Related to Suitability for Government Employee, Fitness for Contractor

Employees and Eligibility for Access to Classified National Security Information, Homeland Security Presidential

Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The 5 CFR 32 Part 157 in concert with DoD Manual 1000.13, Vol 1, implements the

Federal Standards.

APPLICABILITY

This text applies to all DoD sponsored individuals who require CAC eligibility (or login and P/W if acceptable per contract) for: Physical access to DoD facilities or non-DoD facilities on behalf of DoD; Logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication, or access to sensitive and protected information. This applies to the Office of the Secretary of Defense

(OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the

Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD Field

Activities and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD

Components").

Each contractor employee providing services at a Navy command under this contract is required to obtain a 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 (CSM) upon arrival to the command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

START-UP PERIOD

All contractor resource onboarding documents must be submitted via the prime contractor. The prime contractor shall make all necessary preparations to assume full responsibility for productive performance as of the performance start date.

Definition of "productive":

a. Visit Authorization Request (VAR)

b. Contractor Information Sheet (CIS)

c. FD-258 Fingerprint Card

d. Completed Electronic Investigation (EQIP)

e. All contractor resource(s) must have an active Joint Personnel Adjudication System (JPAS) profile

f. Common Access Card (CAC)

Note (1): Invoicing by the contractor will begin as of the commencement of the performance period of services and no reimbursement will be paid by the government for efforts expended during the start-up period.

Note (2): Foreign Nationals are not allowed access to the functional/system side of Enterprise Resource Planning

(ERP).

ACCESS TO DOD INFORMATION TECHNOLOGY (IT) SYSTEM

In Accordance With (IAW) Secretary of the Navy (SECNAV) M-5510.30, contractor employees who require access to Department of the Navy (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 sensitive information. Sensitive information includes information protected under the Privacy Act, to include 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 System Security Manager

(ISSM)/Information Assurance Manager (IAM).

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 (NAC) 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 Assurance (IA) Technical Level 1, and must be trained and certified on the Operating System (OS) or Computing Environment (CE) 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 CSM and ISSM/IAM 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 IT 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 Contracting Officers Representative (COR) shall sign the SAAR-N as the supervisor.

The SAAR-N shall be forwarded to the CSM at least thirty (30) days prior to the individual's start date. Failure to provide the required documentation at least thirty (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 Cyber Awareness training, and maintain a current requisite background investigation. The contractor's security representative shall contact the CSM for guidance when reinvestigations are required.

INTERIM ACCESS

The CSM 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 (3) 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 CSM.

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 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 Office of Personnel Management (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 thirty (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 ten (10) years) throughout the contract performance period. The contractor's security representative shall contact the CSM for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the CSM 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

ISSM/IAM. Completion and approval of a SAAR-N form is required for all individuals accessing Navy IT resources.

The SAAR-N shall be forwarded to the Navy CSM at least thirty (30) days prior to the individual's start date. Failure to provide the required documentation at least thirty (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

Cyber Awareness training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the CSM. The CSM will review the submitted documentation for completeness prior to submitting it to the 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 CSM 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 VAR via the 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 U.S. citizen or a U.S. permanent resident with a minimum of 3 years of legal residency in the U.S. (as required by the Deputy Secretary of Defense DTM 08-006 or its subsequent DoD Instruction

(INST)) and

Must have a favorably completed NACI or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the CSR 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 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 thirty (30) days prior to the individual's start date may result in delaying the individual's start date.

* Consult with your CSM and ISSM/IAM for local policy when IT-III (non-sensitive) access is required for non-U.S.

citizens outside the U.S..*

**Alternative language which may be included as appropriate:

Contractor and all Contractor personnel with access to or responsibility for XXXXXX of this contract shall comply with DoD Directive 8500.1E IA, DoDI 8510.01 Risk Management Framework (RMF) for DoD IT, DoD Directive

5400.11 DoD Privacy Program, DoD 5200.2-R Personnel Security Program and HSPD 12.

X.1 Be CAC ready at the IT Level II prior to reporting for work.

X.2 At minimum, all contractor personnel must possess/maintain a favorable Tier 3 investigation; formerly a NAC with Local Agency Check and Credit Check (NACLC). This requirement is critical in order to access the data base systems within NAVSUP. It is Contracting Companies; responsibility to ensure that 100% of the contractors have the

Tier 3 investigation/IT Level II. In addition, interim approval of clearances is not authorized.

X.3 Be citizens of the U.S.

X.4 If at any time, any contractor person requiring a CAC is unable to possess/maintain an adjudicated Tier 3 investigation, the contractor shall immediately notify the NAVSUP COR to coordinate removal of such a person from work under this contract.

X.5 Contractor personnel with access to or responsibility for nonpublic government data under this contract must comply with HSPD-12 Personal Identity Verification (PIV) issuance requirements, known as the CAC for NAVSUP.

SECTION D – PACKAGING AND MARKING

D01 – DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission

(IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous.

The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the

Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment

Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology –

International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application

Identifiers…