CUI_BOA N64498-23-G-4000_Final_fully signed_CUI.pdf

SEE ADDENDUM

(No Collect Calls)b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

X

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.(757) 558-3625

N644989. ISSUED BY

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

N6449823G4000 07-Aug-2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

(TYPE OR PRINT)

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

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

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

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

$0.00

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 0EYA6 FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER PHILA

CODE 0231, DANIEL ALVAREZ

215-897-2629, DANIEL.ALVAREZ4@NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

WARTSILA DEFENSE INC

BILLY JORDAN

3617 KOPPENS WAY

CHESAPEAKE VA 23323-2531

NAVAL SURFACE WARFARE CENTER PHILA

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

18a. PAYMENT WILL BE MADE BY CODE N64498

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DOA3

S4306ACODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

DCMA NAVY SPECIAL EMPHASIS OPERATIONS

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

FAX:

TEL: 215-897-2629 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

333611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

Megan Reutzel, LCS Platform Manager 8/3/2023

SEAN MCGINLEY/CONTRACTING OFFICER

215-384-6743 sean.p.mcginley4.civ@us.navy.mil

03-Aug-2023

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF130

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6449823G4000

Section SF 1449 - CONTINUATION SHEET

1. This is a Basic Ordering Agreement (BOA) with an ordering period of 08/07/2023 through five years thereafter. No guaranteed minimum dollar amounts or quantities are included in the agreement. Per Federal Acquisition Regulation (FAR) 16.703(a), this BOA is not a contract. This agreement shall be reviewed annually before the anniversary of its effective date and revised through mutual agreement of the parties as necessary to conform to all requirements of Law, Executive Orders, mandatory FAR and DFARS provisions, and any other mutually acceptable changes.

2. The maximum dollar amount to be awarded under this BOA is $27,800,854.

3. Delivery shall be 12 months from issuance of an order, unless a shorter term is specified at the ordering stage. Orders issued during the effective period of this agreement and not completed within that time shall be completed by the Contractor within the time specified in the order and the rights and obligations of the Contractor and the Government respecting those orders shall be governed by the terms of this BOA to the same extent as if completed during the effective period of this BOA.

4. Naval Surface Warfare Center Philadelphia Division (Code 02) is the only activity authorized to issue delivery orders under this BOA.

5. Priced orders may be issued under this agreement in accordance with the following:

a. Pricing will be submitted by the contractor upon Request for Quotation, Letter Solicitation or Request for Proposals by the Agency and be evaluated for fairness and reasonableness in accordance with 15.404-1.

b. Priced orders shall be issued whenever the parties have agreed upon the price of the order. These orders may be either issued unilaterally by the Government where the contractor’s offer is accepted by the Government precisely as offered, or bilaterally when a negotiated settlement has been reached.

c. The Contractor has 15 days to submit a written rejection to the contracting officer who issues a unilateral delivery order that does not comply with the terms of the BOA or the contractor’s offer.

Failure to provide written rejection shall be interpreted as acceptance. All orders not rejected by the contractor are hereby accepted based solely on the terms and conditions of this BOA and the unilateral delivery order.

6. Except as otherwise agreed, these standard terms and conditions of sale set forth in this agreement BOA shall apply to ALL orders issued hereunder. No waiver, alteration or modification of these terms and conditions shall be binding upon the contractor unless made in writing and signed by both parties via a bilateral modification. Additional clauses, not mandated by statute or Executive Order, shall be incorporated only by the mutual agreement of the parties of this BOA. However, any administrative change to this BOA, may be accomplished unilaterally by the Government.

7. The parties of this BOA agree that the point at which each order becomes a binding contract is either:

a. the date in which the Government’s unilateral order is issued, when the Government accepts the

Contractor’s offer precisely as offered;

b. the date in which both parties have signed a bilaterally negotiated order; or

c. 15 days after the date in which the Government’s unilateral order is issued, when the Government’s order is not consistent with the Contractor’s offer and the Contractor did not provide written rejection of the order within 15 days.

8. Failure to reach agreement on price for any order issued before its price is established is a dispute under the Disputes clause included in the basic ordering agreement.

AGREEMENT INFORMATION:

AGREEMENT CEILING AMOUNT $27,800,854.00

AGREEMENT PERIOD START DATE 07-AUG-2023

AGREEMENT PERIOD END DATE 06-AUG-2028

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each $0.00 WLD 1500 SR Waterjet Assembly

FFP

Waterjet Assembly in accordance with (IAW) with the Statement of Work (SOW).

FOB: Origin (Shipping Point)

NSN: 2010-01-701-8783

MFR PART NR: PAAF686447

PSC CD: 2010

NET AMT $0.00

0002 Each $0.00 WLD 1500 SR Shaft Assembly

FFP

Shaft Assembly in accordance with (IAW) with the Statement of Work (SOW).

FOB: Origin (Shipping Point)

NSN: 2010-LL-H0H-1935

MFR PART NR: PAAF934542

0003 Each $0.00 WLD 1720 SR Waterjet Assembly

FFP

Waterjet Assembly in accordance with (IAW) with the Statement of Work (SOW).

FOB: Origin (Shipping Point)

NSN: 2010-01-705-6636

MFR PART NR: PAAF686002

0004 Each $0.00 WLD 1720 SR Shaft Assembly

FFP

Shaft Assembly in accordance with (IAW) with the Statement of Work (SOW).

FOB: Origin (Shipping Point)

MFR PART NR: PAAF934514

0005 NSP

CDRLs

FFP

CDRLs A001-A005 FOB: Destination

NET AMT

STATEMENT OF WORK

Statement of Work (SOW) for LCS 28AF Impeller Shaft and Waterjet Assembly Procurement

1.0 INTRODUCTION

1.0.1 The Naval Surface Warfare Center Philadelphia Division (NSWCPD) is a Department of Defense entity responsible for research and development, test and evaluation, engineering and fleet support organization for the Navy’s ships, submarines, military watercraft and unmanned vehicles. This requirement is for NSWCPD Code 42, which is responsible for Propulsion Systems.

1.0.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied

1.0.3 Government/Contractor Relationship

1.0.3.1 The services to be delivered under this Contract are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the Contract between the Government and the Contractor's personnel. Therefore, it is in the best interest of the Government to provide both parties a full understanding of their respective obligations.

1.0.3.2 The Contractor employees shall identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishable badges or other visible identification for meetings with Government personnel. In addition, Contractor personnel shall appropriately identify themselves as Contractor employees in telephone conversations and in formal and informal written correspondence.

1.0.3.3 Contractor personnel under this Contract shall not engage in any of the inherently Governmental functions listed at FAR Subpart 7.5 or DFARS Subpart 207.5.

1.0.4 Employee Relationship:

1.0.4.1 The services to be performed under this Contract do not require the Contractor or its personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

1.0.4.2 Rules, regulations, directives, and requirements that are issued by the U. S. Navy and NSWCPD under its responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

1.0.4.3 Inapplicability of Employee Benefits: This Contract does not create an employer-employee relationship.

Accordingly, entitlements and benefits applicable to such relationships do not apply.

1.0.4.4 It is the Contractor's, as well as the Government's, responsibility to monitor Contract activities and notify the Contracting Officer if the Contractor believes that the intent of this Section has been or may be violated.

1.0.4.4.1 The Contractor shall notify the Contracting Officer in writing via letter or email within three (3) calendar days from the date of any incident that the Contractor considers to constitute a violation of this Section. The notice should include the date, nature, and circumstances of the conduct; the name, function, and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct; identify any documents or substance of any oral communication involved in the conduct; and the Contractor's estimated date when, absent a response, cost, schedule or performance will be impacted.

1.0.4.4.2 The Contracting Officer will, within five (5) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

(i) Confirm the conduct is in violation and when necessary direct the mode of further performance,

(ii) Countermand any communication regarded as a violation,

(iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance, or

(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor.

1.1 BACKGROUND

The Propulsion Systems Division, Code 42, of the Naval Surface Warfare Center, Philadelphia Division (NSWCPD), is responsible for maintaining a ready-for-issue (RFI) rotatable pool of impeller shaft assemblies to support LCS 2 class hull drydock availabilities.

1.2 SCOPE OF WORK

The Contractor shall provide manufacture and deliver WLD1500 impeller shaft assemblies (P/N PAAF934542), WLD1720 impeller shaft assemblies (P/N PAAF934514), WLD1500 Waterjet Assemblies (P/N PAAF686447) and WLD1720 Waterjet Assemblies (P/N PAAF686002), along with manufacturing inspection reports as specified herein.

2.0 APPLICABLE DOCUMENTS

2.1.1 NAVSEA Form 9247/002 – LCS INDY Variant Impeller Shaft Assembly Visual

2.1.2 NAVSEA Form 9247/003 – LCS INDY Variant Waterjet Assembly Visual Preservation

Inspection Report

2.1.3 NAVSEA Form 9247/004 – LCS INDY Variant Waterjet and Impeller Shaft Assembly

Visual Technical Inspection Report

2.1.4 ISO 484-2

2.1.5 ISO 1940/1

2.1.6 NAVSEA S9247-AR-MMC-010

2.1.7 NAVSEA Drawing No. 631-8540445

2.1.8 DoD Manual 4140.65

2.1.9 MIL-DTL-2845

2.1.10 International Standards for Phytosanitary Measures (ISPM) No. 15

2.1.11 DMS Drawing No. C12002

2.1.12 DMS Drawing No. C12004

2.1.13 NSI 009-32

The Contractor shall reference and utilize the latest version available when performing tasks within this PWS.

3.0 REQUIREMENTS

3.1 Manufacture of Components

3.1.1 The waterjet assembly components furnished under this contract/purchase order shall meet the requirements as specified on the latest revision of the Defense Maritime Systems (DMS) part numbers:

Waterjet Impeller Shaft Assembly, Model WLD1500, Part Number PAAF934542, NSN:

2010-LL-H0H-1935 (temporary) Waterjet Impeller Shaft Assembly, Model WLD1720, Part Number PAAF934514, NSN:

(not yet assigned) Waterjet Assembly, Model WLD1500, Part Number PAAF686447, NSN: 2010-01-701-

Waterjet Assembly, Model WLD1720, Part Number PAF686002, NSN: 2010-01-705-

3.1.2 The Contractor shall incorporate the latest design modifications that have been approved for new construction or in-service ships. This includes, but it not limited to, shaft sleeve modification, stator anodes addition, and water lubricated bearing material modification.

3.2 Quality Assurance

3.2.1 The Contractor is responsible for all equipment which is needed to manufacture, inspect, and test the waterjet system and its components. Impeller inspection requirements shall be in accordance with Reference 2.1.4 Class S and Reference 2.1.3. Balance requirements shall be in accordance with Reference 2.1.5 with a balance quality grade of G16 for the impeller shaft and a balance quality grad of G6.3 for the impeller.

3.2.2 The Contractor shall prepare and submit a status report electronically via electronic mail on a monthly basis in Microsoft Excel format. The report shall contain status based on the last working day on the month reported as per CDRL A001

3.2.3 The Contractor shall prepare a final manufacturing and quality assurance report for each asset procured which contains all of the inspection and test data along with material certifications. All reports and data sheets shall be traceable to the assembly serial number.

This shall be submitted under CDRL A003 and include, at a minimum, the following reports/information, as applicable to the Impeller Shaft Assembly or the Waterjet Assembly:

3.2.3.1 DMS Document TDL0000036_03 – Checklist Impeller and Shaft

3.2.3.2 DMS Document TDL0000129_SH001 – Acceptance Shaft Assembly Waterjet

Installation

3.2.3.3 DMS Document J000002704 – Checklist Shaft Assembly Runout

3.2.3.4 DMS Document DAAK002842 – Shaft Assembly Stamps and Certification

3.2.3.5 DMS Document TDL0000067 – Assembly Weight Report

3.2.3.6 DMS Document TDL0000067 – Impeller Weight Report

3.2.3.7 DMS Document TDL0000067 – Shaft Weight Report

3.2.3.8 Impeller Shaft Assembly Dimensional Inspection and Checklist – certifying all shaft dimensions (including axial, diametrical, and surface finish) conform to the applicable detail drawing within specified tolerances.

3.2.3.9 Impeller Shaft “K” Dimension Certification

3.2.3.10 DMS Document DAAK115285 – Impeller Blue Contact Report

3.2.3.11 Shaft Dye Penetrant Check List

3.2.3.12 DMS Document TDL0000168 – Shaft Ultrasonic Test

3.2.3.13 Shaft Balancing Report

3.2.3.14 DMS Document TDL0000082 – Impeller Toughness Check List

3.2.3.15 DMS Document U000001520 – Impeller Balancing Report

3.2.3.16 Impeller Dye Penetrant Check List

3.2.3.17 DMS Document TDL00000069 – Impeller Dimensional Check List

3.2.3.18 Impeller X-Ray Report

3.2.3.19 Shaft Assembly Round Nut dimensional Check List

3.2.3.20 Shaft Sleeve Assembly Dimensional Check List

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3.2.3.21 DMS Document TDL000167 – Shaft sleeve assembly welding

3.2.3.22 Shaft Material Certification Documents

3.2.3.23 Impeller Material Certification Documents

3.2.3.24 Round Nut Material Certification Documents

3.2.3.25 Shaft Sleeve Assembly Material Certification Documents

3.2.3.26 Hexagon Bolt Material Certification Documents

3.2.3.27 Stator Bowl Material Certification Documents

3.2.3.28 Jetavator Material Certification Documents

3.2.3.29 Reversing Plate Material Certification Documents

3.2.3.30 Bearing Housing Material Certification Documents

3.2.3.31 Fairing Cap Material Certification Documents

3.2.3.32 Jetavator Mounting Steering Pin Material Certification Documents

3.2.3.33 Reverse Plate Pin Material Certification Documents

3.2.3.34 Jetavator Mounting Pin Material Certification Documents

3.2.3.35 Jetavator Assembly Pin Material Certification Documents

3.2.3.36 Waterjet Assembly Performance Test Data

3.2.3.37 NSI 009-32 QA Checklist Form Appendices 1 through 8

3.2.4 In the event of a material or dimensional defect, the Contractor shall submit a Request for

Deviation/Waiver in accordance with CDRL A002 on a case by case basis. This shall include the effect on performance, function, reliability, durability, integrated logistics support, interface, and/or software. The Contractor shall also include engineering rationale as to why such effects are technically acceptable.

3.3 Packaging and Preservation

3.3.1 Upon completion of final manufacture, assembly, and inspection, the Contractor shall paint each Impeller Shaft Assembly and Waterjet Assembly in accordance with Reference 2.1.6 and 2.1.7. In case of any conflicts, Reference 2.1.7 shall take precedence.

3.3.2 Upon completion of final assembly and painting, the Contractor shall preserve, package, pack, and mark the Impeller Shaft Assembly and Waterjet Assembly in accordance with References 2.1.8, 2.1.9, and 2.1.10.

3.3.3 Waterjet Assembly and Impeller Shaft Assembly crates shall be built in accordance with

References 2.1.11 and 2.1.12 and Reference 2.1.9 paragraphs 3.14 and 3.15, with the following exceptions:

3.3.3.1 Instead of MIL-T-22085 tape called out in Reference 2.1.9, gauze is to be used on the edges.

3.3.3.2 Hub forward and aft coverings shall not be used.

3.3.3.3 Unpainted metal shaft surfaces do not need to be preserved with two coats of preservative in accordance with MIL-PRF-16173.

3.3.3.4 Shaft preservation and lagging shall be applied on the shaft except for the area where the impeller and saddles are installed.

3.3.3.5 The ability to use sling points and fork lift points shall be required in the packaging design. Fork lift capabilities shall meet the following: fork spread of 60” and the forks themselves 2” wide and 4” thick.

3.3.3.6 The Contractor may use wooden or steel crates, if approved by NSWCPD via waiver.

Shipboard interface components shall be packaged in accordance with References 2.1.8, 2.1.9, and 2.1.10, and included in the Waterjet Assembly crate to be used upon delivery to the ship.

3.3.4 Upon completion of preservation, packaging, packing, and marking of each Impeller Shaft

Assembly and Waterjet Assembly, the Contractor shall perform a final VPI in accordance with Reference 2.1.6. Inspection results shall be documented and reported in accordance with CDRL A004.

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3.3.5 For each Impeller Shaft Assembly and Waterjet Assembly, the Contractor shall submit a

Certification Report in accordance with CDRL A005 and a copy of the report shall be attached to each Assembly container in accordance with Reference 2.1.9.

3.3.6 A copy of the signed Certification Report, the latest VPI, the latest VTI, NSI 009-32 QA Checklist Form Appendices 1 through 8 and Dimensional Inspection of the Impeller Shaft Assembly and Waterjet Assembly, shall be packaged with asset for final delivery.

3.4 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete

Materials or Components

3.4.1 The Contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting officer.

4.0 DATA REQUIREMENTS

CDRL A001, Contract Status Report CDRL A002, Request for Deviation / Waiver CDRL A003, Final Manufacture Report CDRL A004, Visual Preservation Inspection CDRL A005, Certification Data Report

5.0 SECURITY REQUIREMENTS

5.1 NOT APPLICABLE

5.2 NOT APPLICABLE

5.3 NOT APPLICABLE

5.4 OPERATIONS SECURITY (OPSEC)

5.4.1 The Contractor shall protect critical information associated with this contract to prevent unauthorized disclosure. The NSWC Philadelphia Division's (NSWCPD) Critical Information List (CIL)/ CIIL (Critical Indicators and information list) will be provided on site, if warranted. Performance under this contract requires the contractor to adhere to OPSEC requirements. The Contractor may not impose OPSEC requirements on its subcontractors unless NSWCPD approves the OPSEC requirements. During the period of this contract, the Contractor may be exposed to, use, or produce, NSWCPD Critical Information (CI) and/or observables and indicators which may lead to discovery of CI.

NSWCPD’s CI will not be distributed to unauthorized third parties, including foreign governments, or companies under Foreign Ownership, Control, or Influence (FOCI) unless such FOCI has been appropriately mitigated through measures approved by the Defense Counterintelligence and Security Agency. Questions concerning these requirements shall be directed to the PCO.

5.4.2 CUI correspondence transmitted internally on the contractor's unclassified networks or information systems, and externally, shall be protected per NIST SP-800-171, Protecting Controlled Unclassified Information (CUI) in Non-federal Systems and Organizations.

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

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

5.4.4 Any attempt by unauthorized third parties to solicit, obtain, photograph, or record, or;

incidents of loss/compromise of government Classified or CI, Business Sensitive, Company Proprietary information related to this or other program must be immediately reported to the contractor's Facility Security Officer and Cognizant Security Office and/or the Naval Criminal Investigative Service, and the NSWC PD Security Division (Code 105).

5.5 RECEIPT, STORAGE, AND GENERATION OF CONTROLLED UNCLASSIFIED

INFORMATION (CUI) All Controlled Unclassified Information (CUI) associated with this contract must follow the minimum marking requirements of DoDI 5200.48, Section 3, paragraph 3.4.a, and include the acronym "CUI" in the banner and footer of the document. In accordance with DoDI 5200.48, CUI must be safeguarded to prevent Unauthorized Disclosure (UD). CUI export controlled technical information or other scientific, technical, and engineering information must be marked with an export control warning as directed in DoDI 5230.24, DoDD 5230.25, and Part 250 of Title 32, CFR. Nonfederal information systems storing and processing CUI shall be protected per NIST SP-800-171, or subsequent revisions. All transmissions to personal email accounts (AOL, Yahoo, Hotmail, Comcast, etc.) and posting on social media websites (Facebook, Instagram, Twitter, LinkedIn, etc.) are prohibited. Destroy CUI associated with this contract by any of the following approved methods: A cross-cut shredder; a certified commercial destruction vendor; a central destruction facility; incineration; chemical decomposition; pulverizing, disintegration; or methods approved for classified destruction.

6.0 PLACE OF PERFORMANCE

6.1 All work will take place at the Contractor’s and/or subcontractor’s/vendor’s facilities. No work will take place at a Government facility.

7.0 NOT APPLICABLE

8.0 NOT APPLICABLE

9.0 NOT APPLICABLE

10.0 NOT APPLICABLE

11.0 COUNTERFEIT MATERIAL PREVENTION

11.2 NON-ELECTRONIC MATERIELS

11.2.1 department of the navy contractors (and their subcontractors at all tiers) Who obtain critical or high risk materiel shall implement a risk mitigation process as follows:

11.2.1.1 if the materiel is currently in production or currently available, materiel shall be obtained only from authorized suppliers

11.2.1.2 if the materiel is not in production or currently available from authorized suppliers, materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria

11.2.1.3 contractor shall notify the contracting officer when critical or high risk materiel cannot be obtained from an authorized supplier;

11.2.1.4 contractor shall take mitigating actions to authenticate the materiel if purchased from an unauthorized supplier

11.2.1.5 contractor shall report instances of counterfeit and suspect counterfeit materiel to the contracting officer and the gidep as soon as the contractor becomes aware of the issue.

12.0 NOT APPLICABLE

CLAUSES INCORPORATED BY FULL TEXT

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

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

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

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

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

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

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

(End of text)

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

(OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

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

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

C-211-W001 REPLACEMENT PARTS AVAILABILITY (NAVSEA) (OCT 2018)

The contractor guarantees that replacement parts for each component part listed in this contract shall be available for a minimum of 60 months from the date of this contract. Subsequent to this period, if parts are not available from the contractor, the contractor shall, if requested by the Government, furnish data to enable the Government to have such parts manufactured elsewhere.

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C-212-W001 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS ADDENDUM TO 52.212-4

(NAVSEA) (OCT 2018)

(o) Warranty -- append the following to paragraph (o):

The contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause nor does it limit the Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The standard commercial warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule.

The contractor shall provide a copy of its standard commercial warranty (if applicable) with its offer. The warranty covers a period of months. (Offeror is to insert number.)

The following information is hereby appended to the clause:

(w) Data Rights. The Government shall have data rights to all data generated under this contract or order in accordance with DFARS 252.227-7015.

(x) Ordering. The agency authorized to place delivery orders against this contract is: [Add ordering activity name].

Delivery orders will be placed against this contract, by the Government, using the SF 1449.

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C-216-H001 MODIFICATION AND TERMINATION OF BASIC ORDERING AGREEMENT (BOA)

(NAVSEA) (OCT 2018)

This agreement shall be reviewed at least annually and revised, on or before the anniversary of its effective date, to conform with all requirements of statutes, Executive Orders, or regulations. Termination, expiration or modification of this agreement shall not affect any orders issued under this agreement prior to such termination, expiration or modification.

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

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A001-A005, attached hereto.

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C-227-H014 PROTECTION OF DEPARTMENT OF NAVY TRADEMARKS - BASIC (NAVSEA) (JUL 2021)

(a) The contractor shall not assert any claim, in any jurisdiction, based on trademark or other name or design-based causes of action that are based on rights the contractor believes it has in the term(s) [contracting officers shall list terms(s) (Government assigned or approved nomenclature)] (the “Designation(s)”), against the Government or others authorized by the Government to use the Designation(s) (including the word(s), name, symbol, or design) acting within the scope of such authorization (i.e. claims for trademark infringement, dilution, trade dress infringement, unfair competition, false advertising, palming off, passing off, or counterfeiting). Such authorization shall be implied by the award of a Government contract to any party for the manufacture, production, distribution, use, modification, maintenance, sustainment, or packaging of the products and services identified under this contract, and the scope of such implied authorization is defined as the use of the Designation(s) in performance under such contract by the prime contractor and its subcontractors and suppliers at any tier. In all other cases, the scope of the authorization will be defined by the Government in writing.

(b) The contractor shall notify the contracting officer at least 30 days before asserting rights in, or filing an application to register, any one of the Designation(s) in any jurisdiction within the United States. Any such notification shall be in writing and shall identify the Designation(s) (including the word(s), name, symbol, or design), provide a statement as to its intended use(s) in commerce, and list the particular classes of goods or services in which registration will be sought.

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C-233-H001 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT--BASIC (NAVSEA) (OCT 2018)

(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work.

Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) Description of work necessary to undo work already completed which has been deleted by the change;

(3) Description of work not required by the terms hereof before the change, which is substituted or added by the change. A list of components and equipment (not bulk materials or items) involved should be included. Separate descriptions are to be furnished for design work and production work;

(4) Description of interference and inefficiencies in performing the change;

(5) Description of each element of disruption and exactly how work has been, or will be disrupted:

(i) The calendar period of time during which disruption occurred, or will occur;

(ii) Area(s) aboard the vessel where disruption occurred, or will occur;

(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;

(iv) Scheduling of trades before, during, and after period of disruption;

(v) Description of measures taken to lessen the disruptive effect of the change;

(6) Delay in delivery attributable solely to the change;

(7) Other work attributable to the change;

(8) Supplementing the foregoing, a narrative statement of the direct "causal" relationship between any alleged Government act or omission and the claimed consequences therefor, cross-referenced to the detailed information provided as required above; and

(9) A statement setting forth a comparative enumeration of the amounts "budgeted" for the cost elements, including the material costs, labor hours and pertinent indirect costs, estimated by the Contractor in preparing its initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred and/or projected to be incurred corresponding to each such "budgeted cost" elements.

(c) Each proposal in excess of $100,000 submitted in support of a claim for equitable adjustment under any requirement of this contract shall, in addition to the information required by paragraph (b) hereof, contain such information as the Contracting Officer may require with respect to each individual claim item.

(d) It is recognized that individual claims for equitable adjustment may not include all of the factors listed in paragraph

(b) above. Accordingly, the Contractor is required to set forth in its proposal information only with respect to those factors which are comprehended in the individual claim for equitable adjustment. In any event, the information furnished hereunder shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, submitted pursuant to paragraph (c) of this requirement, with the information submitted pursuant to paragraph (b) hereof.

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

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

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

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C-246-H001 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (OCT 2018)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the

Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software.

Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause, nor does it limit the Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

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CLAUSES INCORPORATED BY FULL TEXT

C-246-H002 GOVERNMENT USE OF CONTRACTOR’S INSPECTION EQUIPMENT (NAVSEA) (OCT 2018)

The contractor's gages, measuring, and testing devices shall be made available to the Government when required to determine contractor conformance with contract requirements. If conditions warrant, the contractor’s personnel shall be made available for operation of such devices and for verification of their accuracy and condition.

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CLAUSES INCORPORATED BY FULL TEXT

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

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

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

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), 32 CFR Part 117.

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

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

(1) name and business address of the Contractor

(2) contract number

(3) sponsor:

(Name of Individual Sponsor)

(Name of Requiring Activity)

(City and State)

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CLAUSES INCORPORATED BY FULL TEXT

D-246-H001 PACKAGING AND MARKING REQUIREMENTS UNDER BOA ORDERS (NAVSEA) (OCT

2018)

The supplies to be furnished by the Contractor shall be cleaned, preserved, packaged, packed and marked in accordance with instructions specified in orders issued by the Contracting Officer in accordance with the special contract requirement of this agreement entitled “Orders”.

(End of text)

CLAUSES INCORPORATED BY FULL TEXT

D-246-H003 WARRANTY NOTIFICATION FOR ITEM(S) —ALTERNATE I (NAVSEA) (MAY 2019)

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

THIS ITEM WARRANTED UNDER CONTRACT ________ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP FOR ________________ FROM DATE OF ACCEPTANCE. IF

ITEM IS DEFECTIVE NOTIFY _______________________ AND PCO.

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D-247-H004 MARKING AND PACKING LIST(S) – BASIC (NAVSEA) (FEB 2022)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with ASTM- D-3951-18 approved 1 May 2018, Standard Practice for Commercial Packing.

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

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

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number.

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

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

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INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

CLAUSES INCORPORATED BY FULL TEXT

E-246-H012 INSPECTION AND ACCEPTANCE FOR BASIC ORDERING AGREEMENTS (NAVSEA) (OCT

2018)

Inspection and acceptance of the supplies or services furnished by the Contractor shall be set forth in orders issued by the Contracting Officer in accordance with the special contract requirement(s) of this agreement entitled “Orders”.

(End of Text)

CLAUSES INCORPORATED BY FULL TEXT

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

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form 1423.

(End of text)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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DELIVERY INFORMATION

DELIVERY SCHEDULED

CLIN QUANTITY DELIVERY

SHIP TO

ADDRESS DODAAC/CAGE

TBD at the Delivery Order level

12 months from issuance of an order (unless a shorter term is specified in the order) TBD at the Delivery

Order level TBD at the Delivery

Order level

TBD at the Delivery Order level

12 months from issuance of an order (unless a shorter term is specified in the order) TBD at the Delivery

Order level TBD at the Delivery

Order level

TBD at the Delivery Order level

12 months from issuance of an order (unless a shorter term is specified in the order) TBD at the Delivery

Order level TBD at the Delivery

Order level

TBD at the Delivery Order level

12 months from issuance of an order (unless a shorter term is specified in the order) TBD at the Delivery

Order level TBD at the Delivery

Order level

CLAUSES INCORPORATED BY REFERENCE

52.211-8 Time of Delivery JUN 1997 52.247-29 F.O.B. Origin FEB 2006

CLAUSES INCORPORATED BY FULL TEXT

F-242-H001 CONTRACTOR NOTICE REGARDING LATE DELIVERY (NAVSEA) (OCT 2018)

In the event the contractor anticipates or encounters difficulty in complying…