Laser_Eye_Protection_-_DRAFT_SPS_Contract_A-M_FINAL_Amendment_Post_26_Sept_2017.pdf

AWARD/CONTRACT

2. CONTRACT

RATING PAGE OF PAGES

DOA1

3. EFFECTIVE DATE

(Proc. Inst. Ident.)

N00019-16-C-0017

5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

NO. 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

NAVAL AIR SYSTEMS COMMAND

AIR-2.4.2.2

21491 GREAT MILLS ROAD

LEXINGTON PARK MD 20653

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state and zip code)

CODE

11. SHIP TO/MARK FOR CODE

FACILITY CODE

See Schedule

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

[ ] 10 U.S.C. 2304(c)( )

15A. ITEM NO.

[ ] 41 U.S.C. 253(c)( )

15B. SUPPLIES/ SERVICES

SEE SCHEDULE

(X)

PART I - THE SCHEDULE

SEC. DESCRIPTION

16. TABLE OF CONTENTS

PAGE(S)

X

X

A SOLICITATION/ CONTRACT FORM 1 - 2

X

B

X

C

SUPPLIES OR SERVICES AND PRICES/ COSTS

DESCRIPTION/ SPECS./ WORK STATEMENT

3 - 14

X

D

E

PACKAGING AND MARKING

X F

INSPECTION AND ACCEPTANCE

X G

DELIVERIES OR PERFORMANCE

19 - 21

CONTRACT ADMINISTRATION DATA

22 - 24

X H SPECIAL CONTRACT REQUIREMENTS

15 - 17

25 - 28

29 - 33

17. [ ] CONTRACTOR'S NEGOTIATED AGREEMENT

CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE document and return copies to issuing office.)

Contractor is required to sign this items or perform all the services set forth or otherwise identified above and on any continuation

Contractor agrees to furnish and deliver all sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract,

(b) the solicitation, if any , and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.

(Attachments are listed herein.)

19A. NAME AND TITLE OF SIGNER (Type or print)

19B. NAME OF CONTRACTOR 19C. DATE SIGNED

BY

(Signature of person authorized to sign)

Previous edition is NOT usable

See Item 5

8. DELIVERY

[ ] FOB ORIGIN [ ] OTHER X (See below)

9. DISCOUNT FOR PROMPT PAYMENT

10. SUBMIT INVOICES ITEM

TO THE ADDRESS

SHOWN IN:

(4 copies unless otherwise specified)

12. PAYMENT WILL BE MADE BY CODE

14. ACCOUNTING AND APPROPRIATION DATA

15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

15G. TO TAL AMO UNT O F CO NTRACT $0.00

(X)

PART II - CO NTRACT CLAUSES

SEC. DESCRIPTION PAGE(S)

PART III – LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACH.

X I CONTRACT CLAUSES 34 - 52

X

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

J LIST OF ATTACHMENTS 53

X K

X

X

54 - 62

L

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

INSTRS., CONDS., AND NOTICES TO OFFERORS 63 - 110

M EVALUATION FACTORS FOR AWARD 111 - 119

18. [ ] SEALED-BID AWARD (Contractor is not required to sign this document.)

20A. NAME OF CONTRACTING OFFICER

TEL: EMAIL:

20B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

20C. DATE SIGNED

N00019

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

AUTHORIZED FOR LOCAL REPRODUCTION

Prescribed by GSA – FAR (48 CFR) 53.214(a)

STANDARD FORM 26 (REV. 5/2011)

document is necessary . (Block 18 should be checked only when awarding a sealed-bid contract.)

following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual to the terms listed above and on any continuation sheets. This award consummates the contract which consists of the including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as

Your bid on Solicitation Number

N00019-16-C-0017

Section A - Solicitation/Contract Form

This is a Cost Plus Fixed Fee (CPFF) and Firm-Fixed-Price (FFP) contract in accordance with FAR Part 15.

Criticality Designator Code B applies.

All proposals are due no later than 1500 Hours, 03 February 2017.

POINT OF CONTACT

CONTRACT SPECIALIST

Tyesha Parker

NAVAIR

21491 Great Mills Road

Suite 202

Lexington Park, MD 20653-1394

Phone: 301-866-4435

Email: tyesha.parker@navy.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot $0.00

LEP Spectacle Non-Recurring Engineering

CPFF

Engineering and Manufacturing Development

FOB: Destination

ESTIMATED COST $0.00

FIXED FEE $0.00

TOTAL EST COST + FEE $0.00

000101 $0.00

LEP Spectacle NRE (FY17)

000102 $0.00

LEP Spectacle NRE (FY18)

000103 $0.00

LEP Spectacle NRE (FY19)

0002 $0.00 LEP Spectacle Test Units (w/case)

FFP

NET AMT $0.00

0002AA 8 Each $0.00 Test Units for Prototype Eval TIM1

FFP

(w/case)

0002AB 48 Each $0.00 Qualification Test Units (w/case)

0003 8 Each $0.00 OPTION Test Units for Prototype Eval TIM2

FFP

0004 $0.00 Rx Test Units

0004AA 9 Each $0.00 Rx Test Units for Prototype Eval TIM1

0004AB 9 Each $0.00 Rx Qualification Test Units

0005 9 Each $0.00 OPTION Rx Test Units For Prototype Eval TIM2

0006 1 Lot NSP Contract Data Requirement List (CDRL)

CLINs 0001-0005

NET AMT

0101 1 Lot $0.00 OPTION LEP Spectacle Systems Eng/Prog Mgmt

0102 350 Each $0.00 OPTION LEP Spectacle Low Rate Initial Prod Unit

FFP

FOB: Origin (Shipping Point)

0103 5 Each $0.00 OPTION Rx Low Rate Initial Production Units

0104 Each $0.00 OPTION LEP Spec - Prod Units (w/case)

FFP

See "B-1 Pricing Range" table

0105 170 Each $0.00 OPTION Rx Production Units

0106 $0.00 OPTION LEP Production Test

0106AA 1 Lot $0.00 OPTION First Article Test

FFP

CLINs 0102 and 0103

0106AB 1 Lot $0.00 OPTION LRIP Lot Acceptance Testing

FFP

CLINs 0102 and 0103

0106AC 1 Lot $0.00 OPTION FRP Lot Acceptance Testing

FFP

CLINs 0104 and 0105

0107 Lot NSP OPTION Contract Data Requirements List (CDRL)

FFP

CLINs 0101-0106

0201 1 Lot $0.00 OPTION LEP Spectacle Systems Eng/Program Mgmt

0202 Each $0.00 OPTION LEP Spec - Prod Units (w/case)

FFP

See "B-1 Pricing Range" table

0203 175 Each $0.00 OPTION Rx Production Units

0204 1 Lot $0.00 OPTION Lot Acceptance Testing

FFP

CLINs 0202 and 0203

0205 1 Lot NSP OPTION Contract Data Requirements List (CDRL)

FFP

CLINs 0201-0204

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

5252.204-9501 NATIONAL STOCK NUMBERS (NAVAIR)(MAR 2007)

(a) This clause applies to supplies that are stock numbered under Federal Catalog System procedures.

(b) Unless otherwise authorized by the Contracting Officer, in writing, the Contractor shall not deliver any supplies until the supplies have been marked with a National Stock Number. All available National Stock Numbers will be furnished by the Government. If National Stock Numbers are not furnished by the Government in time to meet the delivery schedule for the supplies, the Contractor may present the supplies that are scheduled for delivery to the Contracting Officer for acceptance. The Contracting Officer may accept such supplies without National Stock

Numbers and the Government will pay the Contractor, provided that title to the supplies is vested in the

Government.

(c) The term "Federal Stock Number" (FSN), which may be referred to in the specifications of this contract or elsewhere in this contract, shall mean "National Stock Number" (NSN), and the term "Federal Item Identification

Number", wherever it appears, shall mean "National Item Identification Number".

(As used in the foregoing clause, the term "Contracting Officer" shall mean the "Administrative Contracting

Officer" (ACO) with respect to provisioned items and other supplies ordered by the ACO.)

B-1 PRICING RANGE

B-1 PRICING RANGES: For CLINs 0104 and 0202, at the time of option exercise the

Government will indicate the quantity of units to be delivered. The pricing ranges for CLINs

0104 and 0202 are provided in Table 1 below:

Table 1: Laser Eye Protection – Production Units

Unit Price

Quantity Item 0104 Item 0202

1 – 250

251 – 500

501 – 750

751 – 1,000

1,001 – 1,250

1,251 – 1,500

1,501 – 1,750

1,751 – 2,000

2,001 – 3,500

B-2 NOTE

The Government shall have the right to unilaterally modify any order(s) within ninety (90) days of issue (within each ordering period) to increase the quantity and revise the respective unit prices and total prices. The revised unit prices and total price shall be based upon the prices set forth in Section B-1 of the contract for the combined quantities of each item/service ordered.

Section C - Descriptions and Specifications

ITEM CLIN 0001

The Contractor shall perform the non-recurring engineering work in accordance with the LEP Statement of Work, Attachment (J-1) dated 02 December 2016.

ITEM CLINS 0002 AND 0003

The Contractor shall deliver the LEP spectacle test units (w/ case) in accordance with the LEP Statement of Work, ITEM CLINS 0004 AND 0005

The Contractor shall deliver the Rx test units in accordance with the LEP Statement of Work, Attachment (J-1) dated 02 December 2016.

ITEM CLINS 0006,0107, AND 0205

The Contractor shall deliver in accordance with the Contract Data Requirement List (CDRL) DD Form 1423, Exhibit A of this contract.

ITEM CLINS 0101 AND 0201

The Contractor shall perform Systems Engineering/Program Management work in accordance with the LEP

Statement of Work, Attachment (J-1) dated 02 December 2016.

ITEM CLIN 0102

The Contractor shall provide the LEP Spectacle Low Rate Production Units (w/case) in accordance with the LEP

ITEM CLIN 0103

The Contractor shall deliver the Rx Low Rate Production Units in accordance with the LEP Statement of Work, ITEM CLIN 0104 AND 0202

The Contractor shall deliver the LEP Spectacle Priority 1 production units (w/case) in accordance with the LEP

ITEM CLINS 0105 AND 0203

The Contractor shall deliver the LEP Rx production units to be furnished in accordance with the LEP Statement of

Work, Attachment (J-1) dated 02 December 2016.

ITEM 0106

The Contractor shall perform the LEP Production Test in accordance with the LEP Statement of Work, Attachment

(J-1), dated 02 December 2016.

ITEM CLIN 0204

The Contractor shall perform the LEP Lot Acceptance Testing in accordance with the LEP Statement of Work, Attachment (J-1), dated 02 December 2016.

5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

(a) DoD contracting activities awarding or administering contracts shall incorporate the following Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense

Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on

Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom-

Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

(b)The standard language to be inserted is:

“The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Laser Eye Protection

Spectacles via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom-

Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each

Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/

Section D - Packaging and Marking

5252.247-9503 MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 2005)

(a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129, Marking for

Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item.

(b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following:

(1) National stock number or manufacturer's part number.

(2) Serial number or other item identifier (if the warranty applies to uniquely identified items).

(3) Contract number.

(4) Indication that a warranty applies.

(5) Manufacturer or entity (if other than the contractor) providing the warranty.

(6) Date or time when the warranty expires.

(7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty.

5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999)

Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.

Section E - Inspection and Acceptance

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

000101 Destination Government Destination Government

000102 Destination Government Destination Government

000103 Destination Government Destination Government

0002 N/A N/A N/A N/A

0002AA Destination Government Destination Government

0002AB Destination Government Destination Government

0003 Destination Government Destination Government

0004 N/A N/A N/A Government

0004AA Destination Government Destination Government

0004AB Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0101 Destination Government Destination Government

0102 Origin Government Origin Government

0103 Origin Government Origin Government

0104 Origin Government Origin Government

0105 Origin Government Origin Government

0106 N/A N/A N/A N/A

0106AA Origin Government Origin Government

0106 AB Origin Government Origin Government

0106AC Origin Government Origin Government

0107 Destination Government Destination Government

0201 Destination Government Destination Government

0202 Origin Government Origin Government

0203 Origin Government Origin Government

0204 Origin Government Origin Government

0205 Destination Government Destination Government

Item 0001, 0101 and 0201 – Inspection and acceptance shall be made in accordance with Contract Data

Requirements List (CDRL), DD Form 1423.

Item 0002-0005 - Inspection and acceptance will be done by Government after testing is completed. Government will conduct visual inspection and acceptance will be done via DD Form 250.

Item 0102, 0103, 0106AA – Inspection and acceptance of the First Article shall be made in accordance with FAR clause 52.209-3 entitled: FIRST ARTICLE APPROVAL-CONTRACTOR TESTING.” Inspection and Acceptance of the First Article Test (FAT) shall be evidenced by Government approval of the FAT Report, (CDRL A019).

Items 0102-0106, 0202-0204 – Inspection and acceptance of the supplies and services to be furnished hereunder will be performed at the Contractor’s plant (Address), by the cognizant Contract Administration Office (CAO), via a DD

Form 250 or as designated by the Administrative Contracting Office (ACO). A completed DD Form 250 shall be presented to the ACO for Acceptance.

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 Test Plan (CDRL A016) and any other requirements specified herein.

Items 0006, 0107, 0205 – The technical, administrative, and financial data to be provided shall be in accordance with Exhibit A CDRL, DD Form 1423.

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-8 Inspection Of Research And Development Cost

Reimbursement

MAY 2001

52.246-16 Responsibility For Supplies APR 1984

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard selected below.

[The Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]

Title Number Date Tailoring

See Statement of Work (SOW) Table 3: Non-Government Documents

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or (ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix

F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the

Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR

Supplement.Appendix F--Material Inspection and Receiving Report

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by:

TBD

(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION

(NAVAIR)(FEB 1995)

Inspection and acceptance of technical data and information will be performed by the Procuring Contracting

Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements

List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled N/A. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.

Section F - Deliveries or Performance

Deliveries and Performance

Item 0001 – Performance shall commence upon Contract Award and end upon exercise of option

0101.

Items 0002, 0002AA, and 0002AB, 0003 – Deliveries of the Laser Eye Protection (LEP) Test

Units to be furnished hereunder shall be delivered F.O.B. Destination.

Item 0002AA - Deliveries shall be complete no later than 2 months after PDR-TIM closure as defined in paragraph 3.14.2.8 of the SOW.

Item 0002AB - Deliveries shall be complete no later than 2 months after CDR closure as defined in paragraph 3.14.2.8 of the SOW.

Option Item 0003 - Deliveries shall be completed no later than 2 months after option exercise.

Items 0004, 0004AA, 0004AB, and 0005 – Deliveries of the Laser Eye Protection (LEP)

Prescription Test Units to be furnished hereunder shall be delivered F.O.B. Destination.

Item 0004AA - Deliveries shall be complete no later than 2 months after PDR-TIM closure as defined in paragraph 3.14.2.8 of the SOW.

Item 0004AB - Deliveries shall be complete no later than 2 months after CDR closure as defined in paragraph 3.14.2.8 of the SOW.

Option Item 0005 - Deliveries shall be complete no later than 2 months after option exercise.

Option Items 0006, 0107, and 0205 – Deliveries of the LEP Contract Data Requirements List, DD Form 1423 data shall be furnished in accordance with Exhibit A.

Option Item 0101 – Performance shall commence upon exercise of CLINs 0102, 0103 and

0104 options and end no later than 45 days after Government acceptance of final delivery.

Option Item 0201 – Performance shall commence upon exercise of CLINs 0202 and 0203 options and end no later than 45 days after Government acceptance of final delivery.

Option Items 0102 and 0103 – Deliveries of the LEP Low Rate Initial Production to be furnished hereunder shall be delivered F.O.B Origin. Deliveries shall be complete no later than 12 months after option exercise.

Option Items 0104, 0105, 0202, and 0203 – Deliveries of the LEP Production Units to be furnished hereunder shall be delivered F.O.B Origin. Deliveries shall be complete no later than

12 months after option exercise.

Item 0106, 0106AA, 0106AB and 0106AC – Performance of SLIN 0106AA and 0106AB shall be complete prior to delivery of the items required under SLINs 0102 and 0103. Performance of

SLIN 0106AC shall be complete prior to delivery of the items required under SLINs 0104 and

0105.

Option Item 0204 – Performance of CLIN 0204 shall be complete prior to delivery of the items required under CLINs 0202 and 0203.

F-1 Deliveries

The Contractor may request accelerated deliveries. Early deliveries are not permitted unless authorized by the Procuring Contracting Officer (PCO). To the extent the PCO authorizes early delivery, the Contractor shall ship early deliveries in place.

Units delivered under CLINs 0002-0005 shall be shipped to the following address:

Commander, Naval Air Warfare Center, Aircraft Division

Vision Laboratory, Code 4.6.7, Bldg, 2187, Room 1A50, Unit 5

48110 Shaw Drive

Patuxent River, MD 20670-1906

Production Units under CLINs 0102- 0105, 0202 and 0203 shall be shipped to the following address:

TBD (as directed by Commander, Naval Air Forces (CNAF) fielding plan)

Transportation Accounting Code (TAC) will be provided to cover shipping costs for CLINs

0102-0105, 0202 and 0203

52.242-15 Stop-Work Order AUG 1989

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

52.242-17 Government Delay Of Work APR 1984

52.247-29 F.O.B. Origin FEB 2006

52.247-34 F.O.B. Destination NOV 1991

52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

52.247-58 Loading, Blocking, And Bracing Of Freight Car Shipment APR 1984

52.247-59 F.O.B Origin--Carload and Truckload Shipments APR 1984

52.247-65 F.O.B. Origin, Prepaid Freight--Small Package Shipments JAN 1991

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data

Requirements List, DD Form 1423, Exhibit A, 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. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the

DD Form 1423.

(1) PCO, Code 2.5.1.15

(2) ACO, Code TBD.

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

(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 PCO 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.

(g) DD Form 1423, Block 14 Mailing Addresses:

PMA202CDRL@navy.mil

Section G - Contract Administration Data

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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: _____ TBD _____________

Issue By DoDAAC: _____N00019 _____________

Admin DoDAAC: _______TBD______________

Inspect By DoDAAC: _______TBD______________

Ship To Code: _______TBD______________

Ship From Code: _______TBD______________

Mark For Code: _______TBD______________

Service Approver (DoDAAC): _______TBD______________

Service Acceptor (DoDAAC): _______TBD______________

Accept at Other DoDAAC: ______ TBD______________

LPO DoDAAC: _______ TBD______________

DCAA Auditor DoDAAC: _______TBD______________

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.

(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:

Thomas Bean

1.3.1.1

21491 Great Mills Rd

Lexington Park, MD 20653

(301) 866-2490

(b) 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.

5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the

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

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

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: TBD

(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.

5252.232-9524 ALLOTMENT OF FUNDS (NAVAIR)(OCT 2005)

(a) This contract is incrementally funded with respect to both cost and fee.

(b) The amounts presently available and allotted to this contract for payment of fee, as provided in the Section I clause of this contract entitled “FIXED FEE”, are as follows:

ITEM(S) ALLOTTED TO FIXED FEE

CLIN 0001 $TBD

(c) The amounts presently available and allotted to this contract for payment of cost, subject to the Section I

“LIMITATION OF FUNDS” clause, the items covered thereby and the period of performance which it is estimated the allotted amount will cover are as follows:

PERIOD OF

ITEM(S) ALLOTTED TO COST PERFORMANCE

CLIN 0001 $TBD Contract Award – Fiscal Year 2020

(d) The parties contemplate that the Government will allot additional amounts to this contract from time to time by unilateral contract modification, and any such modification shall state separately the amounts allotted for cost and for fee, the items covered thereby, and the period of performance the amounts are expected to cover.

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:

TBD TBD

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

Additional Functions Retained for Performance By:

TBD TBD

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

https://myinvoice.csd.disa.mil/index.html

Section H - Special Contract Requirements

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.

5252.223-9501 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.

5252.227-9501 INVENTION DISCLOSURES AND REPORTS (NAVAIR) (MAY 1998)

(a) In accordance with the requirements of the Patent Rights clause of this contract, the contractor shall submit

"Report of Inventions and Subcontracts" (DD Form 882) along with written disclosure of inventions to the designated Contract Administrator.

(b) The Contract Administrator will forward such reports and disclosures directly to the appropriate Patent

Counsel, designated below, for review and recommendations, after which the reports will be returned to the Contract

Administrator.

Name and address of Patent Counsel:

Office of Counsel

Naval Air Systems Command

47085 Buse Road, Bldg. 462

Patuxent River, MD 20670-1546

(c) The above designated Patent Counsel will represent the Procurement Contracting Officer with regard to invention reporting matters arising under this contract.

(d) A copy of each report and disclosure shall be forwarded to the Procuring Contracting Officer.

(e) The contractor shall furnish the Contracting Officer a final report within three (3) months after completion of the contracted work listing all subject inventions or certifying that there were no such inventions, and listing all subcontracts at any tier containing a patent rights clause or certifying that there were no such subcontracts.

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.

5252.228-9501 LIABILITY INSURANCE (NAVAIR) (MAR 1999)

The following types of insurance are required in accordance with the clause entitled, 52.228-7,"Insurance--

Liability to Third Persons" and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage.

(c) Standard Workman's Compensation and Employer's Liability Insurance (or, where maritime employment is involved, Longshoremen's and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.

5252.232-9509 TRAVEL APPROVAL AND REIMBURSEMENT PROCEDURES (NAVAIR)(OCT 2013) -

ALT I (OCT 2013)

(a) General. Performance under this contract may require travel by Contractor personnel. If travel, domestic or overseas, is required, the Contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances.

(b) Travel Approval Process. No prior approval is required for travel under this contract.

(c) Travel Policy.

(1) Travel arrangements shall be planned in accordance with the Federal Travel regulations, prescribed by the

General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR) and the Joint

Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense

(hereinafter the JTR).

(2) The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract in accordance with FAR Subpart 31.2.

https://mynavair.navair.navy.mil/

(3) For purposes of reimbursement of travel expenses, the Contractor's official station is defined as within 50 miles of the Contractor's regular work site. (If Contractor has more than one regular work site, the official station is defined as within 50 miles of each of its regular work sites.)

(4) The Contractors documentation for the reimbursement of travel costs (e.g., receipts) shall be governed as set forth in FAR Subpart 31.2, the FTR, and the JTR.

(5) Car Rental for a team on temporary duty (TDY) at one site will be allowed provided that only one car is rented for every four (4) members of the TDY team. In the event that less than four (4) persons comprise the TDY team, car rental will be allowed if necessary to complete the mission required.

(6) Whenever work assignments require TDY aboard a Government ship, the Contractor will be reimbursed at the per diem identified in the JTR.

5252.232-9516 ALLOTMENT OF FUNDS - INCREMENTALLY FUNDED COST-REIMBURSEMENT

CONTRACT OTHER THAN COST-SHARING CONTRACT (JUL 1985)

For the purposes of paragraph (b) of the "Limitation of Funds" clause of this contract-

(a) the amount available for payment and allotted to this incrementally funded contract is $ To Be Deternined;

(b) the items covered by such amount are Item(s) CLIN 0001; and

(c) the period of performance for which it is estimated the allotted amount will cover is contract award – FY 2020.

5252.246-9503 SIGNIFICANCE OF SYSTEMS ENGINEERING TECHNICAL REVIEWS REQUIRED

UNDER THIS CONTRACT (NAVAIR) (JUL 2009)

(a) The effort to be performed under this contract includes a series of systems engineering technical reviews to review the design/development of the system and assess the progress towards meeting the technical and/or performance requirements set forth in this contract. The reviews will provide an independent assessment of the emerging design/development of the system against the contractual requirements and user’s capabilities requirements.

(b) Government express or implied approval of any particular technical approach or deliverable does not alter the

Contractor's responsibility to meet the requirements of the contract. The contractor maintains design responsibility for the system at all times.

5252.246-9526 PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005)

(a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations:

(1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property;

(2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or,

(3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract.

(b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The…