G3_N6449825G5000_Awarded BOA 03252025.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

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.571-762-7728

N644989. ISSUED BY

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

N6449825G5000 25-Mar-2025

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.

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

MATTHEW D PARLETT / CONTRACTING OFFICER

$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 0DZG1 0DZG1FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER PHILA

CODE 0223, VINCENT ROMANO

445-227-7601, VINCENT.ROMANO@NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

SIEMENS GOVERNMENT TECHNOLOGIES INC

SIEMENS CORP

STEPHEN TYMA

2231 CRYSTAL DR STE 700

ARLINGTON VA 22202-3724

NSWC PHILA, NAVY ERP

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

18a. PAYMENT WILL BE MADE BY CODE N64500

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

CODE

SEE ITEM 9

SCD: C

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

FAX:

TEL: 445-227-7601

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333517

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: matthew.d.parlett.civ@us.navy.mil

267-990-5870TEL:

31c. DATE SIGNED

25-Mar-2025

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF113

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.

N6449825G5000

Section A - Solicitation/Contract Form

SPECIFIC PROCEDURES AND TERMS

1. This is a Basic Ordering Agreement (BOA) with an ordering period from date of award through sixty (60) months 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 $6,841,018.

3. Delivery will be 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 task 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 task 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.

9. If any of the clauses in this BOA do not apply to a Delivery Order, such clauses are self-deleting.

10. NSWCPD will not supply the Contractor with any classified material under this BOA, as the Contractor is not approved to handle classified material under this BOA.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 456 Each $0.00 Siemens Parts 1 - 456

FFP

Siemens Parts IAW Exhibit A - Siemens Parts List

1 Each Per Part. 1 Each consists of new part, refurbished part, or repair service of part which will be established at the order level.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: Various

PSC CD: 3417

NET AMT $0.00

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work for Siemens Spare Parts Basic Ordering Agreement (BOA) in Support of the Naval Foundry and Propeller Center (NFPC)

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 the Naval Foundry & Propeller Center (NFPC), hereafter referred to as

“the Governement”

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

NFPC utilizes Original Equipment Manufacturer (OEM), Siemens equipment on eleven (11) machines, all of which were installed over the last ten (10) years. These machines are an integral part of NFPC’s production and are critical to maintain optimal utilization.

1.2 SCOPE OF WORK

The scope of work will result in a Basic Ordering Agreement contract for various Siemens Spare

Parts outlined in Exhibit A – Siemens Parts List, which are 456 OEM specific parts. The ordering period for this contract is from Date of Award through 31 August 2029.

3.0. REQUIREMENTS

At the Order Level, the Contractor shall supply a new or certified refurbished part, listed in Exhibit

A. In the event that a new or certified refurbished part is not available, a current part (Listed in

Exhibit A) in need of repair will be sent out to the Contractor for repair.

3.2 Reserved

4.0 DATA REQUIREMENTS

Not Applicable

5.0 SECURITY REQUIREMENTS

5.1 SECURITY TRAINING. The Contractor is responsible for completing all required

Government mandated training to maintain security and network access to government sites and

IT systems to include but not limited to: Antiterrorism Level 1 Awareness; Records Management in the DON: Everyone's Responsibility; Training and Readiness: The Active Shooter; NAVSEA

Introduction to Controlled Unclassified Information; Operations Security (OPSEC); NAVSEA

Counterintelligence Training; Privacy and Personally Identifiable Information (PII) Awareness

Training; NAVSEA Physical Security training and Cybersecurity 101 Training. Certificates of successful completion shall be sent to the COR and as otherwise specified in the contract.

5.1.1 In accordance with the National Industrial Security Program Operating Manual (NISPOM)

(37 CFR Part 117), Contractor personnel that require access to Department of Navy (DON) information systems and/or work on-site require an open investigation or favorable adjudicated

Tier 3 by the Vetting Risk Operations Center (VROC). An interim clearance is granted by

VROC and recorded in the Defense Information System for Security (DISS). An open or closed investigation with a favorable adjudication is required prior to issuance of a badge providing access to NSWCPD buildings. Furthermore, if the Navy Central Adjudication Facility, have made an unfavorable determination access will be denied. For Common Access Card (CAC) you must have an open investigation and/or a favorably adjudicated investigation. Interim security clearance are acceptable for a CAC. Access will be denied for anyone that has eligibility pending in DISS. Vetting through the National Crime Information Center, Sex Offender

Registry, and the Terrorist screening database shall be process for a contractor that does not have a favorable adjudicated investigation.

5.1.2 Within 30 days after contract award, the contractor shall submit a list of all contractor personnel, including subcontractor employees, who will have access to DON information systems and/or work on-site at one of the NSWCPD sites to the appointed Contracting Officer

Representative (COR) via email. The contractor shall provide each employee's first name, last name, contract number, the NSWCPD technical code, work location, whether or not the employee has a CAC and or Standard Access Control Badge (SACB), the systems the employee can access (i.e., NMCI, RDT&E), and the name of the Contractor's local point of contact, phone number and email address. Throughout the period of performance of the contract, the Contractor shall immediately provide any updated information to the COR when any Contractor personnel changes occur including substitutions or departures.

5.2 ON SITE WORK. Contractor personnel that require a badge to work on-site at one of the

NSWCPD sites must provide an I-9 form to verify proof of citizenship. The I-9 form should be signed by the company Facility Security Officer or the company Human Resource Department.

In addition to the I-9 form, Contractors shall also bring their birth certificate, current United

States Passport or naturalization certificate and state issued ID to the NSWCPD Security Officer at the time of badge request to verify citizenship. Any contractor that has unfavorable information that has not been favorably adjudicated, by Department of Defense Central

Adjudication Facility (DOD CAF) will not be issued a badge. Finally, contractors shall supply a copy of their OPSEC Training Certificate or other proof that the training has been completed.

5.2.1 RESERVED

5.3 RESERVED

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, which may include the NSWCPD Contractor OPSEC Plan. When the NSWCPD Contractor OPSEC

Plan is required, the contractor shall return acknowledgment of the plan within 15 days of receipt. 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.

5.6 PLANNING, PROGRAMMING, BUDGETING AND EXECUTION (PPBE) DATA.

When contractor employees, in the performance of their duties, are exposed to Planning, Programming, Budgeting and Execution (PPBE) data, a Non-Disclosure Agreement (NDA) with all affected contactor personnel must be executed in coordination with the COR and PCO to ensure safeguarding disclosure of this data.

5.7 U-NNPI SECURITY REQUIREMENTS

5.7.1 Security Classification Guidance is as follows of portions of the tasking on this contract when invoked in the task order statement of work:

5.7.1.1 Contractor requires access to information and equipment classified at the Confidential National Security Information (NSI) level in order to provide industrial support services within facilities that actively supports the Navy Nuclear Propulsion Program

(NNPP).

5.7.1.2 All contractor personnel accessing classified information or classified material associated with the performance of work related to the resultant contract must be United States citizens, and shall have and maintain at a minimum Confidential security clearance.

5.7.1.3 The Contractor is responsible for completing all required government mandated training to maintain security and network access to government sites and IT systems, as necessary to support.

5.8 U-NNPI

5.8.1 Purpose The Contractor hereby agrees that when provided documents (specifications, drawings, etc.) that are marked as containing NOFORN sensitive information that must be controlled pursuant to Federal law, the information contained therein and generated as part of the inquiry shall be used only for the purpose stated in the contract and shall in no case be transmitted outside the company (unless such transmittals comply with the detailed guidance of the contract) or to any foreign national within the company. While in use, the documents shall be protected from unauthorized observation and shall be kept secure so as to preclude access by anyone not having a legitimate need to view them. The documents shall not be copied unless done in conformance with the detailed guidance of the contract. All the documents shall be promptly returned in their entirety, unless authorized for proper disposal or retention, following completion of the contract.

5.9.2 Specific Requirements for Protecting U-NNPI

a) Only U.S. citizens who have a need to know required to execute the contract shall be allowed access to U-NNPI.

b) When not in direct control of an authorized individual, U-NNPI must be secured in a locked container (e.g., file cabinet, desk, safe). Access to the container must be such that only authorized persons can access it, and compromise of the container would be obvious at sight.

Containers should have no labels that indicate the contents. If removed from the site, U-

NNPI must remain in the personal possession of the individual. At no time should U-NNPI be left unsecured (e.g., in a home or automobile, or unattended in a motel room or sent with baggage).

c) U-NNPI documents will have the word NOFORN at the top and bottom of each page. The cover sheet will have the warning statement shown below. Documents originated in the course of work that reproduce, expand or modify marked information shall be marked and controlled in the same way as the original. Media such as video tapes, disks, etc., must be marked and controlled similar to the markings on the original information.

d) U-NNPI may not be processed on networked computers with outside access unless approved by CNO (N00N). If desired, the company may submit a proposal for processing NNPI on company computer systems. Personally owned computing systems, such as personal computers, laptops, personal digital assistants, and other portable electronic devices are not authorized for processing NNPI. Exceptions require the specific approval of the cognizant

DAA and CNO (N00N).

e) U-NNPI may be faxed within the continental United States and Hawaii provided there is an authorized individual waiting to receive the document and properly control it. U-NNPI may not be faxed to facilities outside the continental United States, including military installations, unless encrypted by means approved by CNO (N00N).

f) U-NNPI may be sent within the continental United States and Hawaii via first class mail in a single opaque envelope that has no markings indicating the nature of the contents.

g) Documents containing U-NNPI shall be disposed of as classified material.

h) Report any attempts to elicit U-NNPI by unauthorized persons to the appropriate security personnel.

i) Report any compromises of U-NNPI to the appropriate security personnel. This includes intentional or unintentional public release via such methods as theft, improper disposal (e.g., material not shredded, disks lost), placement on Web site, transmission via email, or violation of the information system containing U-NNPI.

j) The only approved storage for U-NNPI is CDMS NOFORN.

6.0 Delivery Requirements

6.1 Delivery of material to the following Government site:

Attn: Elias El Tom

Naval Foundry and Propeller Center 2003 Constitution Ave

Building 1081

Philadelphia Navy Yard

Philadelphia, PA 19112

Shipping/Receiving Hours of Operation – M/F 0730-1400

8.0 GOVERNMENT FURNISHED PROPERTY

GFP is required for completion of tasks under this SOW. All Government Furnished Property is property of the U.S. Government and shall not be transferred to any individual or agency, public or private, without the express written approval of the originating Contracting Officer..

Accountability for Government Property under this task order shall be managed in accordance with FAR Part 45 and DFARS Part 245 as well as the Government Property clauses in the Task

Order, regardless of whether the property is Contractor Acquired Property (CAP), GFP, or received directly from another commercial source as a deliverable from a Government issued contract.

Additional Government Property accountability requirements are outlined in the following

Directives and Instructions and shall be adhered to as applicable:

DODI 4161.02, Accountability & Management of Government Contract Property

DoDM 4140.01, DoD Supply Chain Material Management Procedures: Material Returns, Retention and Disposition

DODI 5000.64, Accountability & Management of DoD Equipment and Other

Accountable Property

OPNAVINST 4440.26B, Operating Materials & Supplies and Government Furnished

Material Management

SECNAVINST 5200.43A, Property Management

All GFP will be identified at the Order Level.

8.1 Reporting

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/416102p.pdf?ver=2019-04-15-094502-563 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414001p.pdf?ver=2019-03-06-083517-007 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500064p.pdf?ver=2019-06-10-100933-460 https://www.secnav.navy.mil/doni/Directives/04000%20Logistical%20Support%20and%20Services/04-400%20Supply%20and%20Material%20Services/4440.26B.pdf https://www.secnav.navy.mil/doni/Directives/05000%20General%20Management%20Security%20and%20Safety%20Services/05-200%20Management%20Program%20and%20Techniques%20Services/5200.43A.pdf

The Contractor shall perform reporting functions and actions to maintain an accurate accounting of property. Receipt Reporting: DFARS 252.245-7005 “Management and Reporting of

Government Property” requires the Contractor to report receipt of all GFP using the PIEE GFP

Module.

8.2 Shipping Notification

FAR 52.245-1 requires the Contractor to report when GFP is returned to the Government.

DFARS 252.245-7005 “Management and Reporting of Government Property” requires this notification be in the form of a shipment through the GFP Module in PIEE.

8.3 Inventory Reporting

FAR 52.245-1 requires the Contractor to periodically perform, record, and disclose physical inventory results. While the FAR clause does not define “periodically,” SECNAVINST

5200.43A requires on-hand inventory count reports to support property type specific inventory requirements as set forth in their respective governing instructions. The contractor shall provide an inventory report in accordance with CDRL X. The Government Property Inventory Report outlines the frequency of reporting based on property type per contract needs. If the contractor does not possess any GFP, the Government Property Inventory Report shall reflect no GFP on-hand as required on the reporting schedule.

The Contractor shall provide support within a reasonable time after the Government’s written request to support any Government audit in which GFP, or its related documentation, is requested as part of normal audit processes.

8.4 Lost, Damaged or Stolen GFP Reporting

FAR clause 52.245-1 requires the Contractor to investigate and report to the Government all incidents of property loss as soon as the facts become known. DFARS 252.245-7005

“Management and Reporting of Government Property” further requires the Contractor to report lost, damaged or stolen Government property using the Property Loss functionality within the

PIEE GFP Module. The Contractor shall support the Government’s process to assign liability and document loss in support of lost, damaged or stolen GFP.

8.5 Excess Property Reporting

Per FAR 52.245-1, the Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance.

8.6 Property Disposition

Government Property Distribution shall be in line with FAR 52.245-1(j) and DFARS 252.245-

7005 “Management and Reporting of Government Property". The contractor shall provide a written notice to the Contracting Officer when property held under this contract has not been used in 100 calendar days. All General Equipment/assets provided as GFP shall be returned to the Government for disposition at the completion of its use unless otherwise directed in writing by the Contacting Officer or the Accountable Property Officer (dependent on who is administering the contract). The Contractor shall complete the plant clearance inventory schedule using the plant clearance capability of the GFP module of the PIEE to generate an electronic equivalent of the SF 1428, Inventory Disposal Schedule.

The contractor shall obtain PCO or plant clearance officer approval (dependent on who is administering the contract) prior to disposal of excess GFP/CAP after the contractor completes the plant clearance inventory schedule.

8.6.1 Property Disposition Instructions

All GFP shall be shipped back to NFPC at the below address unless otherwise directed in writing by the Contracting Officer:

Naval Foundry and Propeller Center

2003 Constitution Ave

Building 1081

Philadelphia, PA 19112

8.6.2 Issuance of the DD 1149 “Requisition and Invoice/Shipping Document”

The contractor must obtain a DD1149 before removing any Government Furnished Property, including Plant, Property, and Equipment (PP&E) from NSWCPD premises for general use. For situations where the contractor picks up/replaces NSWCPD property for maintenance purposes, the contractor shall provide an equipment receipt, showing Manufacturer, Model/Part Number, Serial Number and Asset Number/Barcode, on their company letterhead to the COR. Any and all

GFP returned to the Government shall include a DD 1149 to document transfer of liability back to the Government.

8.7 Property Closeout. IAW FAR 52.245-1, the Contractor shall promptly perform and report to the PCO or plant clearance officer (dependent on who is administering the contract) contract property closeout to include reporting, investigating and securing closure of all loss of

Government property cases; physically inventorying all property upon termination or completion of this Contract/TO; and disposing of items at the time they are determined to be excess to contractual needs.

8.8 Property Tagging:

The contractor can either tag issued equipment or use the provided NSWCPD Plant property barcodes, or NMCI asset tags. If the contractor chooses to use their own tag, it shall not cover the

NSWCPD barcode, or NMCI asset tag. The NSWCPD barcode, and or NMCI asset tag number, when provided shall be used on contractor inventory reports.

9.0 GOVERNMENT FURNISHED INFORMATION

Not Applicable.

10.0 PURCHASES

11.0 COUNTERFEIT MATERIAL PREVENTION

11.1.1 Counterfeit Parts and Materials Planning

The contractor planning shall document procedures and processes to minimize the risk of procuring and/or using counterfeit parts and materials, and their process for detecting counterfeit materiel in the event it is procured. This requirement applies to both new/modified and existing mission and safety critical hardware. SAE AS5553 contains information regarding the detection, avoidance, and mitigation of counterfeit electronic components, and may be used as a reference document for the development of the plan.

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 PERSONNEL

13.0 NSWCPD ELECTRONIC COST REPORTING AND FINANCIAL TRACKING

(ECRAFT) SYSTEM

14.0 SPECIAL REQUIREMENTS

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-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.

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, which will be established at the order level.

(End of Text)

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) all CLINs (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.

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.

C-242-H002 POST AWARD MEETING (NAVSEA) (OCT 2018)

(a) A post-award meeting with the successful offeror will be conducted within 10 days after award of the contract.

The meeting will be held at the address below:

Location/Address: Virtual

(b) The contractor will be given 10 working days notice prior to the date of the meeting by the Contracting Officer.

(c) The requirement for a post-award meeting shall in no event constitute grounds for excusable delay by the contractor in performance of any provisions in the [contract / task order].

(d) The post-award meeting will include, but is not limited to, the establishment of work level points of contact, determining the administration strategy, roles and responsibilities, and ensure prompt payment and close out.

Specific topics shall be mutually agreed to prior to the meeting.

C-244-H002 SUBCONTRACTORS/CONSULTANTS (NAVSEA) (FEB 2023)

In addition to the information required by FAR 52.244-2(e) of the contract, when consent to subcontract is required per

FAR 52.244-2, the contractor shall also include the following information in requests to add subcontractors or consultants during performance:

(1) Impact on subcontracting goals,

(2) Impact on providing support at the contracted value,

(3) IF SEAPORT TASK ORDER - The results of negotiations to incorporate fee rate caps no higher than the lower of

(i) SeaPort NXG fee rate caps for the prime contractor, or in the case where the proposed subcontractor is also a SeaPort

NXG prime, (ii) fee rate caps that are no higher than the subcontractor's prime SeaPort NXG contract.

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.

C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.

Section D - Packaging and Marking

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: Alicia St John

(Name of Individual Sponsor)

The Naval Foundry & Propeller Center

(Name of Requiring Activity)

Philadelphia, PA

(City and State)

D-211-H004 IDENTIFICATION MARKING OF PARTS--BASIC (NAVSEA) (OCT 2018)

For all parts not subject to the marking requirements in DFARS 252.211-7003 – Item Unique Identification and

Valuation, marking shall be accomplished in accordance with the following:

(1) Parts shall be marked in accordance with generally accepted commercial practice.

(2) In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.

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

The supplies to be furnished by the Contractor shall be cleaned, preserved, packaged, packed and marked in accordance with instructions specified in…