N00019-13-R-0065_to_Post.doc

Section A - Solicitation/Contract Form

SPECIAL INSTRUCTIONS

GOVERNMENT POINT OF CONTACT

For questions, please contact the following:

Naval Air Warfare Center – Aircraft Division

Attn: Darla Kelly, Code 2.4.4.3.10 Highway 547 – Bldg 562-3 Lakehurst, NJ 08733-5082

Phone: 732-323-7437

E-mail: darla.kelly@navy.mil Or

Naval Air Systems Command

Attn: Jamie Billig

AIR-2.4.4.3, Suite 256, Bldg 2272

47123 Buse Rd Unit IPT

Patuxent River, MD 20670-1547

E-mail: jamie.billig@navy.mil Surveillance Critically Code B applies.

Section B - Supplies or Services and Prices

Each

FMU 139C/B Electronic Bomb Fuze (USAF)

FFP

See Section B-2 for Range Pricing.

FOB: Origin

NSN: TBD

NET AMT

Each

FMU 139C/B Electronic Bomb Fuze (USN)

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Lot

Technical Data

Not Separately Priced.

FOB: Destination

NET AMT

Lot

Administrative Data

Not Separately Priced.

NET AMT

NET AMT

NET AMT

NET AMT

FFP

First Article Test and Physical Configuration Audit

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Lot

FFP

Not Separately Priced

NET AMT

Lot

FFP

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

NET AMT

Lot

FFP

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

Each

FFP

See Section B-2 for Range Pricing.

NET AMT

RANGE PRICING B-2

B-2 PRICING RANGES: The unit prices for the Contract Line Item Number(s) (CLINs) are as stated in the tables below:

BASE YEAR

OPTION I

OPTION II

Section C - Descriptions and Specifications

SECTION C DESCRIPTIONS

Item 0001 and Option Items 0101 and 0201 -- The Contractor shall manufacture, test, and deliver the supplies in accordance with Attachment (1), Performance Specification PMA201-03-003A, and Attachment (21), “Clarification of Performance Specification Requirements”; Attachment (2), “Statement of Work (SOW)”; Attachment (3), Automated Data List, Fuze and Accessories, FMU 139C/B - USAF ADL 1379AS972; Attachment (6), Design Control Drawing, Fuze Bomb – Electronic FMU 139 C/B 1379AS971; Attachment (10), Data List, Initiator, Bomb Fuze, FZU-48/B 8385220D; Attachment (11), Prime Item Product Specification, Initiator, Bomb Fuze, FZU – 48/B SP8385220C; Attachment (12), Automated Data List, Lanyard, Firing - FZU 61/B DL1379AS927; Attachment (19), ECP-11FZ041, FMU-139 Shipping Flag; and Attachment (20), “Clarification of Drawing Requirements.”

The FMU-139C/B, closure ring, FZU-48/B, and power cable are packaged together in sets of six (6) and comprise the FMU-139C/B USAF Configuration Fuze and Accessories.

Item 0002 and Option Items 0102 and 0202 -- The Contractor shall manufacture, test, and deliver the supplies in accordance with Attachment (1), Performance Specification PMA201-03-003A and Attachment (21), “Clarification of Performance Specification Requirements”; Attachment (2), “Statement of Work (SOW);” Attachment (5), Automated Data List, Fuze and Accessories, FMU 139C/B - USN 1379AS970; Attachment (6), Design Control Drawing, Fuze Bomb – Electronic FMU 139 C/B 1379AS971; Attachment (19), ECP-11FZ041, FMU-139 Shipping Flag; and Attachment (20), “Clarification of Drawing Requirements.”

The FMU-139C/B and the closure ring are packaged together in sets of nine (9) and comprise the FMU-139C/B USN Configuration Fuze and Accessories.

Option Items 0003, 0103, and 0203 -- The Contractor shall manufacture, test, and deliver the supplies in accordance with Attachment (1), Performance Specification PMA201-03-003A and Attachment (21), “Clarification of Performance Specification Requirements”; Attachment (2) "Statement of Work (SOW)", Attachment (8), ADL1379AS928 "Automated Data List, Accessories for FMU-139 Fuze"; Attachment (9), 1379AS928 "Fuze Accessory Kit Drawing"; and Attachment (20), “Clarification of Drawing Requirements.”

Items 0004 and 0005 and Option Items 0104, 0105, 0204, and 0205 -- The technical and administrative data to be furnished hereunder shall be in accordance with Exhibit A (Item 0004 and Option Items 0104 and 0204) and Exhibit B (Item 0005 and Options Items 0105 and 0205), Contract Data Requirements List, DD Form 1423.

Option Items 0006, 0007, and 0008-- RESERVED Option Items 0106 and 0206 -- The Contractor shall manufacture, test, and deliver Dummy Fuzes in a M548 shipping container in accordance with Attachment (1), Performance Specification, PMA201-03-003A and Attachment (21), “Clarification of Performance Specification Requirements”; Attachment (2), “Statement of Work (SOW)”; Attachment (13), Dummy Fuze Description List; Attachment (14), 1379AS981 FMU-139C(D-2)/B Dummy Electronic Fuze; Attachment (17), 200425124 Dummy Fuze and Accessories USAF Configuration; and Attachment (20), “Clarification of Drawing Requirements.”

Option Items 0107 and 0207 -- The Contractor shall manufacture, test, and deliver Dummy Fuzes in a M548 shipping container in accordance with Attachment (1), Performance Specification, PMA201-03-003A and Attachment (21); “Clarification of Performance Specification Requirements”; Attachment (2), “Statement of Work (SOW)”; Attachment (13), Dummy Fuze Description List; Attachment (14), 1379AS981 FMU-139C(D-2)/B Dummy Electronic Fuze; and Attachment (15), 1379AS980 FMU-139C (D-2)/B Dummy Fuze and Accessories Configuration.

Option Items 0108 and 0208 -- The Contractor shall manufacture, test, and deliver Cutaway Inert Fuzes in accordance with Attachment (2) paragraph 3.1, “Statement of Work (SOW).”

Option Item 0009 -- The First Article Testing shall be performed in accordance with FAR clause 52.209-3, “FIRST ARTICLE APPROVAL-CONTRACTOR TESTING (ALT I);” Attachment (1), Performance Specification PMA201-03-003A and Attachment (21), “Clarification of Performance Specification Requirements”; and Attachment (2) paragraph 3.1.4.1, “Statement of Work (SOW).” The Physical Configuration Audit shall be performed in accordance with Attachment (2) paragraph 3.1.4.2, “Statement of Work (SOW).”

Section D - Packaging and Marking Section D - Packaging and Marking

Item 0001 and Option Items 0101 and 0201 -- The supplies to be furnished shall be packaged, packed, and marked in accordance with Attachment (1), “Performance Specification PMA201-03-003A,” section 5; and Attachment (4), “Packaging and Marking Instructions FMU139 C/B – USAF 1379AS926D.

Item 0002 and Option Items 0102 and 0202 -- The supplies to be furnished shall be packaged, packed, and marked in accordance with Attachment (1), “Performance Specification PMA201-03-003A,” section 5; and Attachment (7), “Packaging and Marking Instructions FMU139 C/B – USN 1379AS300AC.

Option Items 0003, 0103 and 0203 -- The supplies to be furnished shall be packaged, packed, and marked in accordance with Attachment (1), “Performance Specification PMA201-03-003A,” section 5; and Attachment (18), 3768AS100 Packing and Marking Instructions for Fuze Accessory Kits.

Items 0004, 0005, and Option Items 0009, 0104, 0105, 0204, and 0205 -- N/A Option Items 0006, 0007, and 0008 -- RESERVED Option Items 0106 and 0206 -- The supplies to be furnished shall be packaged, packed, and marked in accordance with Attachment (1) Performance Specification, PMA201-03-003A; and Attachment (16), 200425123 Dummy Fuze Systems Packing and Marking (USAF).

Option Items 0107 and 0207 -- The supplies to be furnished shall be packaged, packed, and marked in accordance with Attachment (1) Performance Specification, PMA201-03-003A; and Attachment (7), Packaging and Marking Instructions FMU-139 C/B- USN 1379AS300AC.

Option Items 0108 and 0208 -- The supplies to be furnished shall be packaged, packed and marked in accordance with best commercial practice to ensure safe delivery at destination.

CLAUSES INCORPORATED BY FULL TEXT

5252.247-9517 PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002)

All non-manufactured, wooden pallets, reels, or containers shipped or used for shipment under this contract shall be heat treated and marked in accordance with the American Lumber Standards Committee, Incorporated Non-Manufactured Wood Packing Policy and Non-Manufactured Wood Packing Enforcement Regulations, both dated 30 May 2001.

Section E - Inspection and Acceptance

ADDITIONAL I&A TERMS

Items 0001 and 0002 and Option Items 0101, 0102, 0201, and 0202 -- Inspection and acceptance of the supplies and services to be furnished hereunder will be performed at the Contractor’s plant or location designated by the Contractor, (Address), by the cognizant Contract Administration Office (CAO) via a DD 250 or as designated by the Administrative Contracting Officer (ACO).

The cognizant CAO is authorized to accept any given lot hereunder premised on the test samples for the lot having satisfactorily passed the criteria of the approved Lot Acceptance Testing (LAT) plan (Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423, Data Item Number A004) and any other requirements specified herein.

Option Items 0003, 0103, and 0203 -- Inspection and acceptance of the supplies and services to be furnished hereunder will be performed at the Contractor’s plant or location designated by the Contractor, (Address), by the cognizant Contract Administration Office (CAO) via a DD 250 or as designated by the Administrative Contracting Officer (ACO).

The cognizant CAO is authorized to accept any given lot hereunder premised on the test samples for the lot having satisfactorily passed the criteria of the approved LAT plan (Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423, Data Item Number A004) and any other requirements specified herein.

Items 0004 and 0005 and Option Items 0104, 0105, 0204, and 0205 -- Inspection and acceptance of the technical and administrative data to be furnished hereunder will be made in accordance with Exhibit A (Item 0004 and Option Items 0104 and 0204) and Exhibit B (Item 0005 and Option Items 0105 and 0205), Contract Data Requirements List, DD Form 1423.

Option Items 0006, 0007, and 0008 -- RESERVED

Option Items 0106, 0107, 0108, 0206, 0207, and 0208 -- Inspection and acceptance of the supplies and services to be furnished hereunder will be performed at the Contractor’s plant or location designated by the Contractor, (Address), by the cognizant Contract Administration Office (CAO) via a DD 250 or as designated by the Administrative Contracting Officer (ACO).

Option Item 0009 – Inspection and acceptance of the First Article Test shall be evidenced by Government approval of Exhibit A (Contract Data Requirements List, DD For 1423, Data Item Number A005). Inspection and Acceptance of the Physical Configuration Audit (PCA) shall be evidenced by the technical closeout of the Systems Engineering Technical Review Process (SETR) PCA checklist.

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 REQUIREMENT (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.]

Title Number Date Tailoring

AS9100C

5252.246-9516

SPECIAL DISTRIBUTION OF DD FORM 250 (NAVAIR) (OCT 2005)

Copies of the Material Inspection and Receiving Reports (DD Form 250) required to be delivered by the contractor shall also be delivered to the following:

Activity

Address [include activity and address]

U. S. NAVY

NAVAL AIR SYSTEMS COMMAND

47123 Buse Rd, Unit

Bldg 2272, Suite 447

Patuxent River, MD 20670-1547

ATTN: PMA-201DAWF

EMAIL: Lorraine.dodson@navy.mil

COMMANDER

NAVAL AIR WARFARE CENTER

WEAPONS DIVISION

1 ADMINISTRATION CIRCLE, MS 6811

ATTN: CODE 685100D (DATA MANAGER)

CHINA LAKE, CA 93555

FOR SHIPMENTS INVOLVING

OO-ALC/WMK BLDG 1247

FMS REQUIREMENTS

6033 ELM LANE

Hill Air Force Base, UT 84056-5819

ATTN: 506 CBSS/GBLB

Section F - Deliveries or Performance

DELIVERY OR PERFORMANCE

Items 0001 and 0002, and Option Items 0003, 0101, 0102, 0103, 0106, 0107, 0108, 0201, 0202, 0203, 0206, 0207, and 0208 – Deliveries of the supplies to be furnished hereunder shall be F.O.B. Origin, Contractor’s plant in accordance with schedule in the “Delivery Information” chart below.

Note: The Government will consider accelerated deliveries. To the extent the Government has the capacity to support early delivery, or the Contractor agrees to ship early deliveries in place (held in bonded storage with no liability for the item assumed on the part of the Government), accelerated deliveries may be accepted provided there is no increase in cost to the Government. The Procuring Contracting Officer must provide authorization for accelerated deliveries.

Items 0004 and 0005 and Option Items 0104, 0105, 0204, and 0205 -- The technical and administrative data to be furnished hereunder shall be delivered F.O.B. Destination in accordance with Exhibit A (Item 0004 and Option Items 0104 and 0204) and Exhibit B (Item 0005 and Option Items 0105 and 0205), Contract Data Requirements List, DD Form 1423.

Option Items 0006, 0007, and 0008 -- RESERVED

Option Item 0009 -- First Article Test shall be F.O.B. Destination, in accordance with schedule in the “Delivery Information” chart below and in accordance with Exhibit A (Contract Data Requirements List, DD Form 1423, Data Item Number A004 and A005). Physical Configuration Audit shall be F.O.B. Destination, in accordance with schedule in the “Delivery Information” chart below and in accordance with Exhibit A (Contract Data Requirements List, DD Form 1423, Data Item Number A00D).

Note: “NLT” stands for Not Later Than.” ‘ACA’ stands for “After Contract Award.”

DELIVERY INFORMATION

of option

of option

of option

of option

of option

of option

of option

of option

of option

of option

of option

of option

of option

of option

5252.245-9509

PLACE OF DELIVERY - GOVERNMENT FURNISHED MATERIAL (NAVAIR) (MAR 1999)

(a) The Government will furnish to the contractor for use in connection with this contract the following material at the time specified:

Material

Quantity

Date CH-6 70 LB 90 Days After Contract Award (ACA)

(b) The material will be delivered at the Government’s expense to the location designated in the contractor’s proposal for performance. Delivery includes delivery either directly to the factory/warehouse street location, or to a designated private siding if delivery is by rail.

(c) Only the material listed above in the quantity shown will be furnished by the Government. All other material required for performance of this contractor shall be furnished by the contractor. Such Government-furnished material shall be delivered at or near contractor’s plant under Government bills of lading, free of expense to the contractor, on board the conveyance selected by the Government. When rail delivery is designated by the Government as a mode of transportation and drayage from a team track to the contractor’s plant is necessary, the contractor agrees to arrange for prompt unloading of cars, pick-up and delivery of material to his plant free of expense to the Government.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

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).

______________DD250 and Invoice_____________________________________________________________

(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.

__________________Contractor’s Plant_________________________________________________________

(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:

________TBD_________________

Issue By DoDAAC:

_________TBD________________

Admin DoDAAC:

Inspect By DoDAAC:

Ship To Code:

Ship From Code:

Mark For Code:

Service Approver (DoDAAC):

_________TBD_______________

Service Acceptor (DoDAAC):

Accept at Other DoDAAC:

LPO DoDAAC:

DCAA Auditor DoDAAC:

Other DoDAAC(s):

_________TBD_______________

(*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.

__________________TBD__________________________________________________________

(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. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6

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

5252.201-9500

TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)

(a) The Technical Point of Contact (TPOC) for this contract is: Lorraine Dodson. This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).

(c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires.

(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.

5252.223-9501

MATERIAL SAFETY DATA SHEET (MSDS) (NAVAIR) (APR 2009)

(a) The contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under FAR Clause 52.223-3, “Hazardous Material Identification and Material Safety Data”, to Mar-navyhmirs@med.navy.mil and the Naval Inventory Control Point (NICP) at wraps.prime.fct@navy.mil .

(b) One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.

5252.232-9511

NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR) (MAR 2006)

The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices.

(a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--Central Contractor Registration", the contractor is responsible for providing updated information to the Central Contractor Register (CCR) database. Additionally, the contractor is responsible for maintaining its active status in the CCR database.

(b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the CCR, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the CCR database. Additionally, any changes/updates made to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.

5252.232-9522

TRANSPORTATION ACCOUNT CODES (NAVAIR) (OCT 2005)

(a) The contractor is responsible for placing the Government assigned Transportation Account Code (TAC) on shipping documentation to enable payment of transportation bills by the U.S. Government under contracts with F.O.B. origin terms.

(b) The applicable TAC for this contract is as follows: NVAP

(c) For shipments that will require use of military airlift, complete an Advance Transportation Control and Movement Document (ATCMD, DD Form 1384) and provide it to the cognizant Air Clearance Authority. Include the contract number and applicable TAC on the ATCMD. Also, ensure the ATCMD contains information for special requirements such as:

(1) shipments to be accompanied by couriers or monitors;

(2) shipments requiring special handling such as environmental control, hand-to-hand receipt, hazardous/dangerous cargo, short shelf life material, sensitive shipments and classified cargo;

(3) shipments requiring expediting action or those that must move on a specific flight.

(d) The cognizant DCMA office may be contacted for additional information or assistance on preparation of shipping documents or other transportation concerns.

5252.242-9511

CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012)

(a) Contract Administration Office.

(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.

(b) Special Instructions (see FAR 42.202(b) and (c)):

(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):

Functions Retained Retained for Performance By:

[Repeat as necessary.

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

[Repeat as necessary.

(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

5252.210-9501 AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (AUG 2013)

Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at https://assist.dla.mil/online/start/. To access these documents, select the Quick Search link on the site home page.

5252.211- 9510

CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)

(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:

(1) Not by word or deed give the impression or appearance of being a Government employee;

(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;

(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;

(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and

(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.

(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.

(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.

5252.215-9505

EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)(OCT 2005)

Offerors who propose teaming arrangements on an exclusive basis will be evaluated to determine whether such teaming agreements inhibit competition. In order for the Government to evaluate whether the proposed agreements inhibit competition, offerors are required to (1) provide a copy of all teaming arrangements, and (2) explain why the teaming arrangements do not inhibit competition. The documentation must include, but is not limited to: structure of the teaming arrangement, responsibilities, and liabilities; financial responsibility; managerial responsibility and accountability; and applicable legal documents. The burden of proving that any exclusive teaming arrangement proposed does not restrict competition shall rest with the offeror. Offerors are advised that should the Government determine that any such proposed, exclusive teaming arrangement inhibits competition, (1) that determination may render the offeror's proposal ineligible for award, and (2) the Contracting Officer shall forward the matter to the appropriate authorities as prescribed by Federal Acquisition Regulation Part 3.3.

5252.223-9000 DoN ADDITIONAL SAFETY REQUIREMENTS APPLICABLE TO SPECIFIED GOVERNMENT FURNISHED AMMUNITION AND EXPLOSIVES (OCT 1997)

The following additional safety requirements apply to Government Furnished Material (GFM) Ammunition and Explosives (A&E) containing nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin,) or such other similar A&E provided as GFM and designated by the Contracting Officer which have a tendency to become chemically unstable over time:

(a) The Contractor shall maintain inventory control records of potentially unstable GFM A&E by National Stock Number (NSN) or part number, lot number, nomenclature, storage location, quantity and date of receipt.

(b) The Contractor shall comply with any Government notice concerning any restrictions, suspensions and limitations imposed by the cognizant Government component on GFM A&E to ensure that the materials are safe for continued storage.

(c) Upon receipt of a notice from the Government of reclassification actions taken by the Government that render GFM A&E unserviceable, suspended or restricted, the Contractor shall immediately follow the instructions contained within the notice.

(d) When directed by the Government, the Contractor shall ship samples of GFM A&E in its possession to Government testing facilities. GFM A&E samples will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked on the Bill of Lading. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.

(e) Within 30 days of completion or termination of the contract, the Contractor shall request disposition instructions from the Contracting Officer for any residual, unserviceable, suspended or restricted GFM A&E. The Contracting Officer shall provide disposition instructions to the Contractor not later than 90 days after they are requested.

(f) If disposition instructions direct shipment to a Government disposal or storage activity, the Contractor shall obtain verification of the contents and marking by the contract administration office Quality Assurance Representative prior to shipment. Additionally, the Contractor shall notify the receiving activity

30 days prior to shipment and provide a detailed list of GFM A&E being returned. Returned materials will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.

(g) If the Contractor has the capability to dispose of these materials at its facility and has been instructed to do so through disposition instructions, the Contractor shall provide written notice to the Contracting Officer identifying the materials it is disposing of by the Contract Number, NSN or part number, lot number, nomenclature and quantity, and the date the disposition of the materials was accomplished.

(h) If direction issued under this clause causes an increase in the cost of performance under this contract, the Contracting Officer shall make an equitable adjustment in the contract price.

5252.223-9501

MATERIAL SAFETY DATA SHEET (MSDS) (NAVAIR) (APR 2009)

(a) The contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under FAR Clause 52.223-3, “Hazardous Material Identification and Material Safety Data”, to Mar-navyhmirs@med.navy.mil and the Naval Inventory Control Point (NICP) at wraps.prime.fct@navy.mil .

(b) One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.

5252.225-9506 VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR) (JAN 1992)

The contractor shall submit a request in duplicate to the Transportation Office of the cognizant Contract Administration Office for verification of the "Ship to" address. If the offer/release instructions require a "Notice of Availability" the contractor shall also request verification of the address to which notification will be made (the 'IAC 3' address). Such requests shall be submitted at least ten (10) days in advance of (i) date Notice of Availability is to be submitted, or (ii) actual shipping date, if shipment is to be released automatically.

5252.227-9505 TECHNICAL DATA AND COMPUTER SOFTWARE IDENTIFICATION IN ENGINEERING CHANGE PROPOSALS (ECPs) (NAVAIR)(AUG 1987)

Each Engineering Change Proposal (ECP) submitted by the Contractor shall identify each item of technical data and computer software delivered by the Contractor under any prior Navy contract required to be revised as a result of the proposed change and shall include an estimated price and cost proposal to furnish the revisions.

5252.227-9511

DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION (NAVAIR) (FEB 2009)

(a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance.

(b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above.

(c) Since the ISC is neither an employee nor an agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government.

(d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor.

(e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer.

5252.227-9512

TRADEMARK MANUFACTURE/USE LICENSE AGREEMENT (NAVAIR) (MAR 2007)

The Naval Air Systems Command (NAVAIR) is the owner of all right, title, and interest within the United States of America in and to the trademark set forth below.

(b) NAVAIR hereby grants a nonexclusive and nontransferable license to make, manufacture or produce the trademark in connection with all activities relating to the manufacture, production, distribution and packaging of the products and services identified under this contract. The contractor shall insure the designation "TM" in superscript format is placed adjacent to the trademark in connection with each use or display thereof.

(c) The contractor shall adhere to the technical specifications of the trademark as shown in the NAVAIR style guide which can be found at: https://mynavair.navair.navy.mil/.

(d) The contractor shall not use the trademark in any inappropriate or offensive manner or in any manner that could disparage the United States military services. Additionally, the trademark may not be placed in an area that would be construed as offensive.

(e) Items to be delivered under this contract that bear the trademark shall be of the quality specified in the contract. The quality of any other item bearing the trademark shall adhere to the standards of quality for such items.

(f) Exercise of any of the rights granted under this clause shall not entitle the contractor to: a) any modification(s) to the terms and conditions, including price, of this contract; b) any claim(s) against the government; and/or c) any request(s) for equitable adjustment. If the contractor believes it is entitled to any such or similar relief, the contractor shall, prior to exercise of any of the rights granted under this clause, provide written notification to the contracting officer detailing the relief requested and identifying the basis for such relief with supporting rationale. The contractor shall not thereafter exercise any of the rights granted under this clause until the contracting officer provides a response to the contractor's written notification.

5252.243-9504

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN 1992)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Changes shall be at the direction of any cognizant NAVAIR Contracting Officer with appropriate Letter of Appointment in support of PMA 201.

5252.243-9505

ENGINEERING CHANGES (NAVAIR)(OCT 2005)

(a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract. These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the Government will be processed as modifications to the contract.

(b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal:

(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each.

(2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change.

(3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal.

(4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation.

(5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified.

(c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the “Disputes” clause of the contract.

(d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract.

(e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the “Changes” clause.

(f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

5252.245-9500

GOVERNMENT PROPERTY FOR THE PERFORMANCE OF THIS CONTRACT (NAVAIR) (MAY 2012)

(a) Authorization is granted to use the Government property identified below without rental charge in the performance of this contract and subcontracts of any tier issued hereunder (see FAR 45.201(a) for further information regarding identification requirements) :

(1) Government property currently accountable and managed under the following contracts:

[List Government property and applicable contract number(s). Refer to NMCARS 5245.311 if transferring Government property between contracts. If none, then enter “NONE”]

Contract

Number

Unit of Issue

Cost

(2) Government furnished property to be provided under this contract:

[List Government property here -- include everything except Material, as defined in FAR 45.101. If none, then enter “NONE”.]

Unit of Issue

Cost

Z17964

(3) Government furnished material, as defined in FAR 45.101, to be provided under this contract:

[List Government material here. If none, then enter “NONE”.]

(4) If authority has been granted in accordance with FAR 51.102, Contractor access to Government supply sources is authorized for the following items. Paragraph (b) does not apply to purchases under the NMCI/CoSC contract.

[List items AND quantity authorized for requisition. If none, then enter “NONE”.]

Cost

(b) The contractor shall prepare requisition documentation for the items listed in paragraph (a)(4 ) above in accordance with the “Military Standard Requisitioning and Issue Procedures (MILSTRIP) for Defense Contractors”, DoD 4000.25-1- M, Chapter 11, which is available at http://www.dtic.mil/whs/directives under publications. The contractor shall submit all requisitions for material from the supply system to the Material Control Activity specified in Section G of this contract.

(c) Government property provided above (except for…