Draft_One Source_Solicitation.pdf

Naval Air Warfare Center Training Systems Division (NAWCTSD) - Combined

Synopsis/Solicitation

This is combined synopsis/solicitation N6134020R0120 prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Subpart 13, Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

Naval Air Warfare Center Training Systems Division, Orlando, FL intends to award a purchase order, on a Sole Source basis, to CSRA LLC (a General Dynamics Information Technology (GDIT) company), 3170 Fairview Park Drive, Falls Church VA 22042-4516, under the authority of 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2)(ii) “Only One Responsible

Source and No Other Supplies or Services Will Satisfy Agency Requirements” “Only One Responsible

Source”.

This is not a request for competitive proposals/quotes. Responsible sources may submit a capabilities statement, which shall be considered by the agency. A determination by the Government not to compete based upon responses to this notice is solely within the discretion of the Government.

Questions concerning this notice may be directed to Tara Malloy-Paull <tara.malloypaull@navy.mil>

This requirement is issued in accordance with FAR Part 13 Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular FAC 2005-100, Effective 22 August 2018 and Defense Federal Regulation

Supplement (DFARS), current to DPN 20180824 (Effective 24 August 2018) Edition. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at www.farsite.hill.af.mil.

The North American Industry Classification System (NAICS) code is 511210 ‐ Software Publishers, with a size standard of $41.5 (millions in dollars).

Delivery shall be made to address listed with FOB Destination, NAWCTSD, Orlando, FL. Shipping and taxes (if applicable) shall be incorporated into your proposed price.

Below is a description of the requirement:

The Government intends to award a sole source purchase order to CSRA LLC (a GDIT company) for the procurement of licenses required to upgrade the VESUB Engineering Design Model (EDM) at Naval Air

Warfare Center Training Systems Division (NAWCTSD) in Orlando, FL, VESUB Trainer at the Naval

Submarine School (NSS) in Groton, CT., and option CLINs for licenses to upgrade the VESUB Trainers in Kings Bay, Ga, Bangor, WA, Norfolk, VA and San Diego, CA. The offeror shall deliver the required software via CD/DVD-ROM and Electronic License Keys. Electronic License Keys shall be delivered to

NAWCTSD Orlando.

The contractor shall provide the latest, operating system-compatible, MAK RTI (Run Time

Infrastructure), VSHIP software build and other software as specified for the NAVSEA 07TR Virtual

Environment SUBmarine (VESUB) training system upgrade in Orlando, FL; Groton, CT; Norfolk, VA;

San Diego, CA; Bangor, WA; and Kings Bay, GA. The contractor shall provide data license agreement to the Government. All deliverables, to include options, will be delivered to Naval Air Warfare Center

Training Systems Division (NAWCTSD), Orlando, FL.

1) List of Contract Line Item Numbers, Items, Quantities and Units of Measure:

CLIN 0001 Base (See SOW Section 3.2.1 and Section 3.3), Firm-Fixed-Price (FFP)

Item ID Description Units Qty.

0001.1 VT Mak RTI 4.3k License each 20

0001.2 VT Mak VR-Link 5.0.1 License each 20

0001.3 VSHIP 9.1.40 EntFed License each 2

0001.4 VSHIP 9.1.40 EnvFed License each 2

0001.5

VSHIP 9.1.40 GeomFed

License each 2

0001.6 VSHIP 9.1.40 TugFed License each 2

CLIN 0002 Option (See SOW Section 4.2 Table 4), Firm-Fixed-Price (FFP)

Bangor VESUB Licenses (delivered to NAWCTSD)

Item ID Description Units Qty.

0002.1 VT Mak RTI 4.3k License each 10

0002.2 VT Mak VR-Link 5.0.1 License each 10

0002.3 VSHIP 9.1.40 EntFed License each 1

0002.4 VSHIP 9.1.40 EnvFed License each 1

0002.5 VSHIP 9.1.40 GeomFed License each 1

0002.6 VSHIP 9.1.40 TugFed License each 1

CLIN 0003 Option (See SOW Section 4.2 Table 5), Firm-Fixed-Price (FFP)

Kings Bay VESUB Licenses (delivered to NAWCTSD)

Item ID Description Units Qty.

0003.1 VT Mak RTI 4.3k License each 10

0003.2 VT Mak VR-Link 5.0.1 License each 10

0003.3 VSHIP 9.1.40 EntFed License each 1

0003.4 VSHIP 9.1.40 EnvFed License each 1

0003.5 VSHIP 9.1.40 GeomFed License each 1

0003.6 VSHIP 9.1.40 TugFed License each 1

CLIN 0004 Option (See SOW Section 4.2 Table 6), Firm-Fixed-Price (FFP)

Norfolk VESUB Licenses (delivered to NAWCTSD)

Item ID Description Units Qty.

0004.1 VT Mak RTI 4.3k License each 10

0004.2 VT Mak VR-Link 5.0.1 License each 10

0004.3 VSHIP 9.1.40 EntFed License each 1

0004.4 VSHIP 9.1.40 EnvFed License each 1

Item ID Description Units Qty.

0004.5 VSHIP 9.1.40 GeomFed License each 1

0004.6 VSHIP 9.1.40 TugFed License each 1

CLIN 0005 Option (See SOW Section 4.2 Table 7), Firm-Fixed-Price (FFP)

San Diego VESUB Licenses (delivered to NAWCTSD)

Item ID Description Units Qty.

0005.1 VT Mak RTI 4.3k License each 10

0005.2 VT Mak VR-Link 5.0.1 License each 10

0005.3 VSHIP 9.1.40 EntFed License each 1

0005.4 VSHIP 9.1.40 EnvFed License each 1

0005.5 VSHIP 9.1.40 GeomFed License each 1

0005.6 VSHIP 9.1.40 TugFed License each 1

Note: The Unit of Issue for this solicitation is identified as lot. The offeror shall provide a price breakout for each individual cost within each CLIN.

• Specifications for the items to be acquired apply to CLINs 0001 -0005:

The government will integrate the software in this purchase order for successful accomplishment of the software items required.. Software acceptance by the Government will be provided by successful execution of the SPAN Test Suite.

The contractor shall provide the following software as it relates to Each Lot corresponding to CLINs 0001

– 0005 and shall provide the following software:

a. The Windows 10 build of VSHIP Version 9.1.40, Release 24061 Software licenses for Federates shown in Table 1.

b. VT Mak HLA RTI software version 4.3k licenses in a unique configuration for proper VShip operation that facilitates HLA 1.3 communications for Windows 10 Enterprise Operating System with licenses as shown in Table 2.

c. VT Mak VR-Link version 5.0.1 licenses in the same unique configuration for proper VShip operation as shown in Table 2.

2) Option CLINs 0002-0005

Option CLINs 0002 – CLIN 0005 are anticipated to be exercised by the middle of fiscal year (April) 2021, if needed. Option CLINs are subject to change based on the needs of the U.S. Navy.

3) Dates and places of delivery, acceptance and F.O.B destination point:

Delivery shall be made F.O.B destination for CLINs 0001-0005 in accordance with FAR 52.247-

34 to:

Naval Air Warfare Center Training Systems Division

ATTN: CDR Douglas Kramer, Assistant XO Phone: 407-380-8287 Email: douglas.kramer@navy.mil 12211 Science Drive Orlando, FL 32826-3224

Note: Inspection and Acceptance will occur at delivery site and will be conducted by the

Government. Delivery shall occur no later than 45 days after contract award.

4) Basis of Award:

The Government will award a purchase order resulting from this synopsis/solicitation to the responsible offeror based on the lowest priced technically acceptable (LPTA). For the purposes of this evaluation; technically acceptable is defined as:

a) Meeting all technical requirements described above in section 1 and 2;

b) Meeting delivery date described above in section 1

c) Vendor must be registered in SAM with the correct NAICS code, at the time of proposal or quote receipt.

Note: The government reserves the right to request additional information as it deems necessary. Such request shall be considered clarification. Also, all new entities registering in GSA’s

System for Award Management (SAM), as well as existing registrations being updated or renewed, will require the submission of an original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the

Data Universal Numbering System (DUNS) number before the registration will be activated. It is recommended that all interested parties be aware that processing this additional information may take several days and are proactive in maintaining the SAM registrations in an “Active” status as the government cannot award to an entity without an “Active” SAM registration. More information can be found at www.gsa.gov/samupdate.”

4.0) CLAUSES AND PROVIDIONS INCORPORATED BY REFERENCE AND FULL TEXT

4.1) PROVISIONS INCORPORATED BY REFERENCE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation.

52.204-7 System for Award Management OCT 2016

52.204-8 Annual Representations and Certifications NOV 2017

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-20 Predecessor of Offeror JUL 2016 http://www.gsa.gov/samupdate

52.204-22 Alternative Line Item Proposal

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation NOV 2015

52.217-5 Evaluation of Options JUL 1990

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran- Representation and Certifications OCT 2015

52.252-3 Alternations in Solicitation APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD Officials OCT 2016

252.204-7007 Alt A, Annual Representations and Certifications DEC 2019

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2019

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services-Representation DEC 2019

FAR clause 52.252-1, solicitation provisions incorporated by reference FEB 1998

4.1) CLAUSES INCORPORATED BY REREFENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2016

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989

52.222-3 Convict Labor JUNE 2003

52.222-19 Child Labor- Cooperation with Authorities and Remedies OCT 2016

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-50 Combating Trafficking In Persons MAR 2015

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.225-3 Alt II, Buy American- Free Trade Agreements- Israeli Trade Act MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2018

52.232-1 Payments APR 1984

52.232-11 Extras APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer- System for Award Management JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claims OCT 2004

52.239-1 Privacy or Security Safeguards AUG 1996

52.242-15 Stop-Work Order AUG 1989

52.243-1 Changes-Fixed Price AUG 1987

52.247-29 F.o.b. Destination NOV 1991

52.249-1 Termination for Convenience of the Government APR 1984

52.252-4 Alternations in Contract APR 1984

52.232-18 Availability of Funds APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials OCT 2016

252.203-7002 Requirements to Inform Employees of Whistleblower Rights OCT 2016

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information OCT 2016

252.204-7012 Safeguarding of Unclassified Controlled Technical Information OCT 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense of Telecommunications Equipment or

Services DEC 2019

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

FAR clause 52.252-2, clause incorporated by reference FEB 1998

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

(End of clause)

4.2) PROVIDISON INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016

52.222-22 Previous Contracts and Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

4.3) CLAUSES INCORPROATED BY FULL TEXT

52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated /content/42702-purposeom internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection /content/42702-purposeom malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files /content/42702-purposeom external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information

(CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.211-8 Time of Delivery JUN 1997

Time of Delivery (June 1997)

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

Required Delivery Schedule

Software License

Item No. Quantity Within Days After Date of

Contract

CLIN 0001 See CLIN 0001 Requirements 45 Days After Contract Award

CLIN 0002 See CLIN 0002 Requirements 45 Days After Option Exercised

CLIN 0003 See CLIN 0003 Requirements 45 Days After Option Exercised

CLIN 0004 See CLIN 0004 Requirements 45 Days After Option Exercised

CLIN 0005 See CLIN 0005 Requirements 45 Days After Option Exercised

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

Offeror;s Proposed Delivery

Schedule

Software License

Item No. Quantity Within Days After Date of

Contract

CLIN 0001 See CLIN 0001 Requirements

CLIN 0002 See CLIN 0002 Requirements

CLIN 0003 See CLIN 0003 Requirements

CLIN 0004 See CLIN 0004 Requirements

CLIN 0005 See CLIN 0005 Requirements

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received /content/42702-purposeom the Contracting

Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.217-6 Option for Increased Quantity MAR 1989

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 10

Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-7 Option for Increase Quantity-Separately Priced Line Item MAR 1989

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 Days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

252.211-7003 Item Unique Identification and Valuation MAR 2016

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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.

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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.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:

(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 and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application

Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC

International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic

Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and

Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph

(c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item

Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer

Software Documentation FEB 2014

RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

(a) Definitions. As used in this clause—

(1) Commercial computer software means software developed or regularly used for non-governmental purposes which—

(i) Has been sold, leased, or licensed to the public;

(ii) Has been offered for sale, lease, or license to the public;

(iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or

(iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require only minor modification to meet the requirements of this contract.

(2) Computer database means a collection of recorded data in a form capable of being processed by a computer. The term does not include computer software.

(3) Computer program means a set of instructions, rules, or routines, recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.

(4) Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer databases or computer software documentation.

(5) Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

(6) "Covered Government support contractor" means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the

Government s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor—

(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and

(ii) Computer software, other than computer programs, has been tested or analyzed to the extent sufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be expected to perform its intended purpose; or

(iii) Computer software documentation required to be delivered under a contract has been written, in any medium, in sufficient detail to comply with requirements under that contract.

(8) Developed exclusively at private expense means development wasaccomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.

(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense.

(9) Developed exclusively with government funds means development was not accomplished exclusively or partially at private expense.

(10) Developed with mixed funding means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.

(11) Government purpose means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation for commercial purposes or authorize others to do so.

(12) Government purpose rights means the rights to—

(i) Use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation within the Government without restriction; and

(ii) Release or disclose computer software or computer software documentation outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the software or documentation for United States government purposes.

(13) Minor modification means a modification that does not significantly alter the nongovernmental function or purpose of the software or is of the type customarily provided in the commercial marketplace.

(14) Noncommercial computer software means software that does not qualify as commercial computer software under paragraph (a)(1) of this clause.

(15) Restricted rights apply only to noncommercial computer software and mean the Government's rights to—

(i) Use a computer program with one computer at one time. The program may not be accessed by more than one terminal or central processing unit or time shared unless otherwise permitted by this contract;

(ii) Transfer a computer program to another Government agency without the further permission of the

Contractor if the transferor destroys all copies of the program and related computer software documentation in its possession and notifies the licensor of the transfer. Transferred programs remain subject to the provisions of this clause;

(iii) Make the minimum number of copies of the computer software required for safekeeping (archive), backup, or modification purposes;

(iv) Modify computer software provided that the Government may—

(A) Use the modified software only as provided in paragraphs (a)(15)(i) and (iii) of this clause; and

(B) Not release or disclose the modified software except as provided in paragraphs (a)(15)(ii), (v), (vi) and (vii) of this clause;

(v) Permit contractors or subcontractors performing service contracts (see 37.101 of the Federal

Acquisition Regulation) in support of this or a related contract to use computer software to diagnose and correct deficiencies in a computer program, to modify computer software to enable a computer program to be combined with, adapted to, or merged with other computer programs or when necessary to respond to urgent tactical situations, provided that—

(A) The Government notifies the party which has granted restricted rights that a release or disclosure to particular contractors or subcontractors was made;

(B) Such contractors or subcontractors are subject to the use and non-disclosure agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS) or are Government contractors receiving access to the software for performance of a Government contract that contains the clause at

DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information

Marked with Restrictive Legends;

(C) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, or use software decompiled,disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(D) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause;

(vi) Permit contractors or subcontractors performing emergency repairs or overhaul of items or components of items procured under this or a related contract to use the computer software when necessary to perform the repairs or overhaul, or to modify the computer software to reflect the repairs or overhaul made, provided that—

(A) The intended recipient is subject to the use and non-disclosure agreement at DFARS 227.7103-7 or is a Government contractor receiving access to the software for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends;

(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, or use software decompiled,disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(C) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause; and

(vii) Permit covered Government support contractors in the performance of covered Government support contracts that contain the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends, to use, modify, reproduce, perform, display, or release or disclose the computer software to a person authorized to receive restricted rights computer software, provided that—

(A) The Government shall not permit the covered Government support contractor to decompile, disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(B) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iv) of this clause.

(16) Unlimited rights means rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so.

(b) Rights in computer software or computer software documentation. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in noncommercial computer software or computer software documentation. All rights not granted to the Government are retained by the Contractor.

(1) Unlimited rights. The Government shall have unlimited rights in—

(i) Computer software developed exclusively with Government funds;

(ii) Computer software documentation required to be delivered under this contract;

(iii) Corrections or changes to computer software or computer software documentation furnished to the

Contractor by the Government;

(iv) Computer software or computer software documentation that is otherwise publicly available or has been released or disclosed by the Contractor or subcontractor without restriction on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the software to another party or the sale or transfer of some or all of a business entity or its assets to another party;

(v) Computer software or computer software documentation obtained with unlimited rights under another

Government contract or as a result of negotiations; or

(vi) Computer software or computer software documentation furnished to the Government, under this or any other Government contract or subcontract thereunder with—

(A) Restricted rights in computer software, limited rights in technical data, or government purpose license rights and the restrictive conditions have expired; or

(B) Government purpose rights and the Contractor's exclusive right to use such software or documentation for commercial purposes has expired.

(2) Government purpose rights.

(i) Except as provided in paragraph (b)(1) of this clause, the Government shall have government purpose rights in computer software developed with mixed funding.

(ii) Government purpose rights shall remain in effect for a period of five years unless a different period has been negotiated. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rights in the computer software or computer software documentation. The government purpose rights period shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the computer software.

(iii) The Government shall not release or disclose computer software in which it has government purpose rights to any other person unless—

(A) Prior to release or disclosure, the intended recipient is subject to the use and non-disclosure agreement at DFARS 227.7103-7; or

(B) The recipient is a Government contractor receiving access to the software or documentation for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends.

(3) Restricted rights.

(i) The Government shall have restricted rights in noncommercial computer software required to be delivered or otherwise provided to…