M67854-15-R-1000.doc

Section B - Supplies or Services and Prices

SMAW MK-153 Mod 2 Systems

FFP

SMAW MK-153 Mod 2 Systems

Low Rate Initial Production in accordance with the Statement of Work (SOW), Attachment 1.

Qty ten (10) of the initial Qty fifty-six (56) buy will be used for testing, in accordance with the SOW, Paragraph 3.2.4.1. The First Article Test (FAT) units and Physical Configuration Audit (PCA) units will consist of the first four (4) SMAW MK-153 Mod 2 produced (one unassembled). The remaining six (6) units shall be used for the Operational Test (OT).

FOB: Destination

MAX

NET AMT

SMAW MK-153 Mod 2 On-Site Contractor Sup

Contractor Support for FAT and PCA

In accordance with the Statement of Work (SOW) paragraph 3.2.4.1, CDRLs A008 and A009, and paragraph 3.4.1 CDRL A022.

FOB: Origin

MAX

SMAW MK-153 Mod 2 System MT&S

The Contractor shall deliver the Government approved maintenance, test and support equipment (MT&SE) derived from the list provided IAW CDRL A019. This includes hardware and software required to maintain the system or equipment at the level of maintenance identified by the Contractor in accordance with the Statement of Work (SOW), Paragraph 3.3.5.1.

MAX

I & KPT Training & Materials

Instructor and Key Personnel Training (I&KPT) to include all required training materials in accordance with the Statement of Work (SOW), Paragraph 3.3.5 and CDRL A019.

MAX

Reports and Technical Data (NSP)

Not Separately Priced unless otherwise noted in other CLINs.

Contract Data Requirements Lists - Exhibit 1 (CDRLS A001 thru A029 with the exception of CDRLs specified and priced in separate CLINs) in accordance with the Statement of Work (SOW), Attachment 1.

MAX

SMAW MK-153 Mod 2 System

SMAW MK-153 Mod 2 System Production in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the SMAW Mod 2 System in accordance with the Pricing Matrix, Section J Attachment 16.

Ordering Period One (1) - Year One (1), Months 1 - 12

MAX

SMAW MK-153 Mod 2 System

SMAW MK-153 Mod 2 System Production in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the SMAW Mod 2 System in accordance with the Pricing Matrix, Section J Attachment 16.

Ordering Period Two (2) - Year Two (2), Months 13 - 24

MAX

SMAW MK-153 Launch Tube Only

SMAW MK-153 Mod 2 Launch Tube Only in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the Launch Tubes Only in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

SMAW MK-153 Mod 2 System Spares (IIP)

Initial Issue Provisioning (IIP) SMAW MK-153 Mod 2 System Spares/Repair Parts in accordance with the Statement of Work (SOW), Paragraph 3.3.3.

MAX

SMAW MK-153 Mod 2 System Spares

SMAW MK-153 Mod 2 System Spares/Repair Parts in accordance with the Statement of Work (SOW), Paragraph 3.3.3.

Offeror shall submit pricing for the Mod 2 System Spares (per item) in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

UNDEFINED

SMAW MK-153 Mod 2 On-Site Contractor Sup

Contractor Support for FAT and PCA

In accordance with the Statement of Work (SOW) paragraph 3.2.4.1, CDRLs A008 and A009, and paragraph 3.4.1 CDRL A022.

MAX

Government Purpose Rights

The Contractor shall provide Government Purpose Rights (GPR) in order for both the thermal weapons sight and laser range finder to communicate "firmware" as per the Performance Specification, paragraph 3.1.1. The Government intends to use the firmware to ensure the sustainment, operation, interface and testing of the SMAW MK-153, Mod 2 system.

GPR may be ordered during Ordering Period 2, 3, 4 or 5, but will only be ordered one (1) time in the life of the contract.

MAX

SMAW MK-153 Mod 2 System

SMAW MK-153 Mod 2 Production in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the SMAW Mod 2 System in accordance with the Pricing Matrix, Section J Attachment 16.

Ordering Period Three (3) - Year Three (3), Months 25 - 36

MAX

SMAW MK-153 Mod 2 Launch Tube Only

SMAW MK-153 Mod 2 Launch Tube Only in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the Launch Tubes Only in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

SMAW MK-153 Mod 2 System Spares

SMAW MK-153 Mod 2 System Spares/Repair Parts in accordance with the Statement of Work (SOW), Paragraph 3.3.3.

Offeror shall submit pricing for the Mod 2 System Spares (per item) in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

Interim Contractor Support

Provide Interim Contractor Support (ICS) in accordance with attachment 8 and the Statement of Work (SOW), Paragraph 3.3.8.

MAX

SMAW MK-153 Mod 2 On-Site Contractor Sup

Contractor Support for FAT and PCA

In accordance with the Statement of Work (SOW) paragraph 3.2.4.1, CDRLs A008 and A009, and paragraph 3.4.1 CDRL A022.

MAX

SMAW MK-153 Mod 2 System

SMAW MK-153 Mod 2 Production in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the SMAW Mod 2 System in accordance with the Pricing Matrix, Section J Attachment 16.

Ordering Period Four (4) - Year Four (4), Months 37 - 48

MAX

SMAW MK-153 Mod 2 Launch Tube Only

SMAW MK-153 Mod 2 Launch Tube Only in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the Launch Tubes Only in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

SMAW MK-153 Mod 2 System Spares

SMAW MK-153 Mod 2 System Spares/Repair Parts in accordance with the Statement of Work (SOW), Paragraph 3.3.3.

Offeror shall submit pricing for the Mod 2 System Spares (per item) in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

Interim Contractor Support

Provide Interim Contractor Support (ICS) in accordance with attachment 8 and the Statement of Work (SOW), Paragraph 3.3.8.

MAX

SMAW MK-153 Mod 2 On-Site Contractor Sup

Contractor Support for FAT and PCA

In accordance with the Statement of Work (SOW) paragraph 3.2.4.1, CDRLs A008 and A009, and paragraph 3.4.1 CDRL A022.

MAX

SMAW MK-153 Mod 2 System

SMAW MK-153 Mod 2 Production in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the SMAW Mod 2 System in accordance with the Pricing Matrix, Section J Attachment 16.

Ordering Period Five (5) - Year Five (5), Months 49 - 60

MAX

SMAW MK-153 Mod 2 Launch Tube Only

SMAW MK-153 Mod 2 Launch Tube Only in accordance with the Statement of Work (SOW), Attachment 1.

Offeror shall submit pricing for the Launch Tubes Only in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

SMAW MK-153 Mod 2 System Spares

SMAW MK-153 Mod 2 System Spares/Repair Parts in accordance with the Statement of Work (SOW), Paragraph 3.3.3.

Offeror shall submit pricing for the Mod 2 System Spares (per item) in accordance with the Pricing Matrix, Section J Attachment 16.

MAX

Interim Contractor Support

Provide Interim Contractor Support (ICS) in accordance with attachment 8 and the Statement of Work (SOW), Paragraph 3.3.8.

MAX

SMAW MK-153 Mod 2 On-Site Contractor Sup

Contractor Support for FAT and PCA

In accordance with the Statement of Work (SOW) paragraph 3.2.4.1, CDRLs A008 and A009, and paragraph 3.4.1 CDRL A022.

MAX

ORDERING INFORMATION

CONTRACT MINIMUM & MAXIMUM LIMITATIONS

This is an Indefinite Delivery Indefinite Quantity (IDIQ) solicitation that will be utilizing Firm Fixed Price/Fixed Price Incentive Firm Delivery Orders. The period of performance under this contract shall be five (5) years from the date of contract award. Performance shall be made only as authorized by delivery orders issued in accordance with the ordering clause of this contract.

CONTRACT MINIMUM AND MAXIMUM LIMITATIONS:

Minimum: $2,000,000.00

Maximum: $72,000,000.00 Minimum Contract Order – The Government is obligated to purchase and the Offeror is obligated to provide all products for work as the minimum amount covered by this contract. The guaranteed minimum purchase is a delivery order of $2,000,000.00 within the first year of the contract. The minimum for the remaining CLINs is zero.

Maximum Contract Order – The maximum order limitation under this contract is $36,000,000.00.

ORDERING INFORMATION

B.1 Minimum Order Requirement

The contract minimum order requirement will be placed upon award of the initial contract by issuance of delivery order 0001.

B.2 ORDERING AGENCY

The agency authorized to place Delivery Orders against this contract is:

Commander

Marine Corps Systems Command

2200 Lester Street

Quantico, VA 22134

B.3 ORDERING PERIODS

Delivery Orders will be placed against this contract by the Government using a DD Form 1155 format, within a period of five (5) years after the effective date of the contract.

Ordering Period 1: ADC – 12 Months

Ordering Period 2: 13 Months – 24 Months

Ordering Period 3: 25 Months – 36 Months

Ordering Period 4: 37 Months – 48 Months

Ordering Period 5: 49 Months – 60 Months

Failure to place an order during any ordering period does not preclude the Government from placing future orders on this contract.

Section C - Descriptions and Specifications

DESCRIPTION/SPECS/WORK STMT

C-1 Items 0001-0004, 0006, 1001-1006, 2001-2005, 3001-3005, 4001-4005: The contractor shall perform all requirements in accordance with Attachment (1) “Statement of Work for the Launcher, Rocket, SMAW MK-153 Mod 2 ACAT IV (T)”; Attachment (2) “Modular Ballistic Sight Performance Specification”; Attachment (3) “Fabrication Specification”; Attachment (4) “Technical Drawings”; and Exhibit 1 Contract Data Requirements List Package. See Section J for these attachments.

C-2 Item 0005. All Not Separately Priced Reports and Technical Data shall be prepared and delivered in accordance with J-1 Exhibits 1, Contract Data Requirements Lists (CDRLs) DD Form 1423 A001 through A029, attached hereto.

C-3 CONTRACT DATA REQUIREMENTS LIST (CDRL)

All CDRLs shall be provided in accordance with J-1 Exhibit 1, A001 through A029. The CDRLs provide a concise means of addressing the data content, distribution, inspection and acceptance location, due dates, frequency, and any other information pertinent to the data requirement. The Authority shown on each Exhibit defines the data content and format requirements. Unless otherwise specified in the Exhibit, contractor format is acceptable.

Section D - Packaging and Marking

PACKAGING AND MARKING

Section D - Packaging and Marking

D. 1. MARKING AND PACKING LIST GENERAL REQUIREMENTS

(a) Preservation and Packaging. Items scheduled for domestic shipment for immediate use shall be Preserved and Packaged (P&P’d) in accordance with the best commercial practices of ASTM D3951-10, Standard Practice for Commercial Packaging. Items scheduled for overseas shipment for immediate use shall be P&P’d in accordance with the best commercial practices of ASTM D3951-10, paragraph 6.1. (Export Requirements). Spare or repairable components, not declared to be Electrostatic Sensitive Devices (ESD) shall be P&P’d in accordance with the best commercial practices of ASTM D3951-98. Items declared to be ESD shall be P&P’d in accordance with the Level “A” requirements of MIL-STD-2073-1E(1), Appendix J, Table J.Ia., Specialized Preservation Code "GX” and shall be packed into a reusable fast-pack container.

(b) Marking. Marking to be accomplished in accordance with MIL-STD-129R.

(c) Shipping Requirements. The contractor shall load, block, and brace hardware deliverables in accordance with the carrier’s requirement for the selected mode of transportation as defined in DoD 5100.76M.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.246-11 HIGHER-LEVEL CONTRACT QUALITY (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below. (If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.)

(End of clause)

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

DELIVERIES OR PERFORMANCE

F.1 DELIVERY DESTINATIONS

Contractor shall deliver the SMAW MK-153 Mod 2 Systems to destinations specified in individual delivery orders. Destinations will be to one of the following:

1) BARSTOW:

DODAAC: MMSA02

MF MMSA02 DLA

BUIDING 401 WE YERMO ANNEX

FSD MCLB

YERMO CA 92398-5048

PROJ CODE (TBD)

All incoming shipments require an appointment made at least twenty-four (24) hours in advance.

F.2 DESTINATIONS AND TIME OF DELIVERY BY CLIN

The contractor shall provide the Government with a detailed delivery schedule covering all outstanding orders within 30 days of issuance of order, or 30 days after approval of FAT, when applicable. The delivery schedule shall conform to the table below:

For orders issued while production of previous orders is in process, deliveries shall commence within one month of completion of previous order.

For orders issued while production of previous orders is in process, deliveries shall commence within one month of completion of previous order.

For orders issued while production of previous orders is in process, deliveries shall commence within one month of completion of previous order.

For orders issued while production of previous orders is in process, deliveries shall commence within one month of completion of previous order.

For orders issued while production of previous orders is in process, deliveries shall commence within one month of completion of previous order.

F.3 REPORTS AND TECHNICAL DATA

Reports and Technical Data Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Section J, Exhibit 1 attached hereto, and the following:

(a) The Contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Additionally, the technical data shall be delivered to the cognizant codes, listed in Block 6 of the DD Form 1423.

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the Contracting Officer.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The Contracting Officer reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection. This shall not relieve the contractor from the obligation to delivery acceptable data items within the timeframes specified in the DD Form 1423.

F.5 LATE DELIVERY

The Contractor shall immediately notify the Contracting Officer, in writing, if for any reason the Contractor anticipates or encounters difficulty in complying with the contractual delivery schedules, or in meeting any other requirement of the contract. The Contractor shall submit a copy of the notification to the cognizant Administrative Contracting Officer. The notification shall contain pertinent details. The notification shall be considered informational only and shall not be construed as a waiver by the Government of any delivery schedule or date, compliance with any other contractual requirement by the Contractor, or any other rights or remedies provided to the Government by law or under this contract.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and

“Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

CONTRACT ADMINISTRATION DATA

G-2 POST AWARD ORIENTATION

Postaward orientation will be held in accordance with the policies and procedures in FAR Part 42.500. The Procurring Contracting Officer (PCO) will act as chairperson. The Post Award Orientation Conference shall be conducted at the contractor’s facility at no additional cost to the Government.

G.3 CONTRACT DATA REQUIREMENTS LIST (CDRL) DISTRIBUTION

The contractor shall make delivery of all CDRL requirements by email to the points of contact (POC) listed below and as specified on the DD For 1423:

MARCORSYSCOM PdM AAS:

TBD

MARCORSYSCOM ALBANY:

DCMA OFFICE:

MARCORSYSCOM LOGCOM, CODE 581:

G.4 CONTRACT ADMINISTRATION

Contract administration functions (see FAR 42.302, DFAR 242.302 and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS 5242.190) will be assigned to are assigned to:

DCMA Office – TBD

DoDAAC: TBD

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through 60 months after contract award.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

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

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

(1) Any order for a single item in excess of 512 (SMAW MK-153 Mod 2 System only);

(2) Any order for a combination of items in excess of TBD (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within TBD days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, * days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific…