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This requirement is for the production and delivery for up to 22 128 units of Body Armor Neutraly Buoyant Ballistic Plate (NBBP) to outfit Visit Board Search and Seizure (VBSS) teams in support of the Expanded Maritime Interception Operations (EMIO).

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CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 45 - 51

52 - 73 X H 74 - 77 peter.agyei-sarpong@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 77

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00024 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

PETER AGYEI-SARPONG 202-781-3600

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 - 22 23 - 25

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

26 - 27 28 - 29

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 30 - 31 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 32 - 34 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

35 - 43

PART II - CONTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2060

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Aug 2013

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-13-R-6306

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 NBBP First Article Test Units

FFP

SubCLIN pricing shall reflect the total cost of planning, production, and delivery of First Article Test Units

FOB: Destination

NET AMT

0001AA NBBP First Article Test Units

60 Each

Size 10x12 Inch Front/Back Plate. SubCLIN pricing shall reflect the total cost of planning, production, and delivery of First Article Test Units

0001AB NBBP First Article Test Unit

68 Each

Size 5x7 Inch Side Plate. SubCLIN pricing shall reflect the total cost of planning, production, and delivery of First Article Test Units

0002 DATA for Items 0001and 0101-0502

Data for Items 0001(and if Options exercised 0101-0502) See DD Form 1423 Exhibit A

0101 NBBP (See Note A)

5,000 Each

OPTION Size 10x12 Inch Front /Back Plate Body Armor, NBBP Front/Back Plate, in accordance with (IAW) Statement of Work, Attachment J-1 and additional contract terms and conditions specified herein. Qty Range (1 to 5,000)

0102 NBBP (See Note A)

5,000 Each

OPTION Size 5x7 Inch Side Plate Body Armor, NBBP Side Plate, in accordance with (IAW) Statement of Work, Attachment J-1 and additional contract terms and conditions specified herein. Qty Range (1 to 5,000)

0201 NBBP (See Note A and Note B)

1,500 Each with (IAW) Statement of Work, Attachment J-1 and additional contract terms and conditions specified herein. Qty Range (1 to 1,500)

0202 NBBP (See Note A and Note B)

Statement of Work, Attachment J-1 and additional contract terms and conditions specified herein. Qty Range (1 to 1,500)

0301 NBBP (See Note A and Note B) with (IAW) Statement of Work, Attachment J-1 and additional contract terms and

0302 NBBP (See Note A and Note B)

Statement of Work, Attachment J-1 and additional contract terms and conditions specified

0401 NBBP (See Note A and Note B) with (IAW) Statement of Work, Attachment J-1 and additional contract terms and

0402 NBBP (See Note A and Note B)

Statement of Work, Attachment J-1 and additional contract terms and conditions specified

0501 NBBP (See Note A and Note B) with (IAW) Statement of Work, Attachment J-1 and additional contract terms and

0502 NBBP (See Note A and Note B)

Statement of Work, Attachment J-1 and additional contract terms and conditions specified

SIZE TARIFF

The anticipated size tariff per 1000 NBBPs produced.

Size Quantity* Percentage* 10X12 Front/Back 500 50% 5X7 Side 500 50%

*The quantities/percentages shown are only anticipated, and therefore may vary in individual orders.

Orders will be issued by a Procuring Contracting Officer in accordance with the Ordering clause of this contract.

NOTE: Unit Prices for CLINs 0101 thru 0502 are “total evaluated prices.”

CLAUSES INCORPORATED BY REFERENCE

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

CLAUSES INCORPORATED BY FULL TEXT

EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contact, 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 $500 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 may 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.

NOTE A

These Items consist of alternative stepladder quantities, designated as Sub-contract Line Item Numbers (SLINs).

The Government will award only one of the alternative stepladder quantity SLINs, but reserves the right to return within the option period and complete the exercise of the addition quantity within the same stepladder SLIN previously exercised.

The Government shall order a minimum quantity of 128 Neutrally Buoyant Ballistic Plates (NBBP) on this contract.

The Government may order up to a total maximum quantity of 22,128 NBBP on this contract. The minimum and maximum quantities apply to the entire contract (all base year and option year items (if exercised) in the aggregate).

NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.

CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C - Descriptions and Specifications

CONTRACT LINE ITEM DESCRIPTION

The Contractor shall furnish supplies under items specified in Section B of the Schedule.

Items 0001 (and if Options exercised) 0101 - 0502- Plates -The Neutrally Buoyant Ballistic Plate (NBBP) shall be manufactured in two sizes: 5X7 (Side Plate) and 10X12 (Front/Back Plate). The Contractor shall provide NBBP in accordance with the form, fit, and functional requirements in accordance with the Statement of Work for Neutrally Buoyant Ballistic Plate (NBBP) and Attachment J-1, Navy NQ/CID 12-01 A

STATEMENT OF WORK

1.0 SCOPE

This Statement of Work (SOW) defines the efforts required for the production and delivery of Body Armor, Neutrally Buoyant Ballistic Plate (NBBP), to outfit Visit Board Search and Seizure (VBSS) teams in support of the Expanded Maritime Interception Operations (EMIO). NBBP shall be used and qualified by the Government in its VBSS configuration using OleTex CEJN 200 foam; this specific foam maintains the US Coast Guard certification for the VBSS vest as a Type V Personal Buoyant Device. Qualification and eligibility for any production task orders under this contract is contingent upon the contractor’s successful completion of First Article Test (FAT) per attachment J-1.

1.1 BACKGROUND

NAVSEA PMS408 ATA has a requirement to outfit U.S. Naval personnel aboard Navy ships with Body Armor NBBP. They shall be manufactured in accordance with Navy NQ/CID 12-01 A (Purchase Description for Body Armor, Neutrally Buoyant Ballistic Plate). The NBBP is a critical safety item protecting against 7.62 mm rifle rounds.

2.0 APPLICABLE DOCUMENTS

Purchase Description for Body Armor, Neutrally Buoyant Ballistic Plate, 23 pages (Attachment J-1), Navy Ballistic Buoyant Plate (NBBP) Quality Assurance Letter of Instruction, 5pages (Attachment J-2)

3.0 DESCRIPTION

The Contractor shall furnish all necessary labor, material, equipment and facilities to produce and deliver the NBBP requirements in accordance with Navy Purchase Description (PD) NQ/CID 12-01 A (See Attachment J-1) and as defined in this Statement of Work.

3.1 TASKS

Commercial Products/Standard Parts.

In accordance with FAR 52.244-6 Subcontracts for Commercial Items, the Contractor shall use commercial products, processes, and practices when possible to reduce production and operation support costs unless a material or part is specified in the PD (Attachment J-1). In any case where not specified in the PD, and it is technically and economically feasible, a standard part will be used rather than a non-standard part. A standard part is one that is routinely available in the Government inventory, or commercial supply channels and is not sole source or proprietary in nature. Any non-standard part shall be identified to the Government for written approval to use that part.

Product Improvements.

Future improvements are encouraged in weight reduction, components, durability, ballistic performance and cost during the contract term through the use of Engineering Change Proposals (ECP), Manufacturing Technology, and Operation Support Cost Reduction. Product improvements may be proposed by either the Contractor or the Government to eliminate operational shortcomings, improve operational effectiveness, accommodate fielding requirements, or provide savings to the Government. Product improvements will not be considered prior to contract award.

4.0 TEST AND EVALUATION

4.1 FIRST ARTICLE TEST/PERFORMANCE BASED QUALIFICATIONS

The Government will conduct First Article Tests in accordance with FAR 52.209-4 First Article Approval- Government Testing. The Government will evaluate the ballistic plate per Attachment J-1.

(a) The Contractor shall deliver one hundred twenty-eight (128) NBBP production plates; (68) 5X7 (Side Plate) and

(60) 10X12 (Front/Back Plate) for non-ballistic and ballistic requirements and verifications within 30 days of contract award in accordance with Attachment J-1 (Delivery address is provided in Section F). Any certification/compliance documentation shall be delivered with the above systems.

(b) Of the 128 production systems, three (3) of each size will be used for end item inspection and the remainder will be used for ballistic qualification. The government will pay for FAT test articles and conduct the initial FAT.

Should the contractor fail the initial FAT, the contractor shall pay for subsequent FAT test articles and the conduct of FAT prior to being eligible for any production task order.

(c) The Government's FAT may include verification of any or all of the requirements specified in the PD (Attachment J-1).

(e) Any additional FAT required to validate revised or new designs shall be conducted in accordance with the contract.

(f) The Contractor shall produce both the first article and the production quantity at the same facility.

5.0 CONFIGURATION MANAGEMENT

5.1 RAW MATERIALS

All production quantities submitted after approval of the FAT shall be produced using the same raw materials, suppliers, materials, processes, procedures, equipment and facilities that resulted in the manufacture of the acceptable FAT items. This includes all raw materials or sub-components. Prior to any change in the production of the approved FAT test items, including a raw material supplier, production processes, and production locations, the contractor must notify the Contracting Officer in writing. The Contracting Officer, along with the Government Contracting Officer Representative, will determine if a new FAT is required prior to that change. Should the contractor fail to provide written notification, the contractor will pay for a new FAT, per attachment J-1.

5.2 STANDARD SAMPLES

Upon approval of FAT, the three plates from each size will be evaluated for end item inspection will then have a 100% inspection for dimensional and quality defects; any and all defects shall be corrected by the contractor. After correction by the contractor, the plates will be signed as standard samples and will be retained by Contracting Officer Representative and DCMA to be used as a guide for all future quality inspections. These items are to be fabricated where the items are going to be produced in production and all future lots. If prime contractor uses multiple subcontractors for production of the end item, each subcontractor shall submit a set of standard samples as well.

5.3 CONFIGURATION PROCESS AND CONTROL

The Contractor shall maintain a configuration management (CM) process for the control of raw material utilized in the ballistic plate designs that are approved by the Government in accordance with FAT requirements. The Contractor shall furnish with each lot submitted to the Government, the associated ballistic plate raw material traceability matrix, to include raw material supplier Certificates of Conformance (CoC) and lots of raw material used in each lot presented to the Government. MIL-HDBK-61 may be used for guidance. The Contractor's CM process shall consist of configuration identification and configuration control of all raw materials utilized in the production of ballistic plates. The CM process shall interface with other acquisition requirements such as design review, quality assurance, and other program related disciplines shall be addressed.

6.0 LOT ACCEPTANCE TEST AND EVALUATION

6.1 PROCEDURES

The Contractor shall provide measurements and Certificates of Conformance for all in-process material inspections needed to meet the minimum requirements of the performance specification. End item testing shall be conducted on all lots presented to the Government in accordance with Attachment J-1. Only the ballistic plate that has successfully completed FAT per Attachment J-1, shall be used. The Contractor shall assign lot and serial numbers to each ballistic component produced and shall be able to track those serial numbers back to Lot Acceptance Testing and raw materials. Defense Contract Management Agency (DCMA) Quality Assurance Representative (QAR) and/or Technical Warrant Holder shall identify randomly selected serial number components to be pulled from production for purposes of Lot testing.

6.1.1 The Quality Assurance Letter of Instruction (QALI) (Attachment J-2) is intended to be implemented by the Defense Contract Management Agency (DCMA) at the contractors manufacturing facility. This document stipulates the requirements and expectations of the PMO for production process monitoring, in-process material inspection, ballistic sampling procedures and finished end item evaluations. DCMA will develop and submit a Quality Assurance Surveillance Plan (QASP) to be coordinated with the PMO.

6.2 TESTING SUBMISSIONS

Lot size inspection per Attachment J-1 Appendix A; derived per OSD protocol and ANSI/ASQ Z1.4-2008 - Sampling Procedures and Tables for Inspection by Attributes.

6.4 DESIGNATED AUTHORITY

The Designated Authority (below) shall be placed in box 17 of all DD Form 1222 (Request for and Results of Tests), and the test lab shall provide the results of all testing directly to the designated authority. No lots shall be released from the Contractor's facility prior to release of end item testing notification of acceptance from the Government (DCMA, contracting agency, or designated authority). The Designated Authority for this contract includes:

Mr. Edward Gray Naval Sea Systems Command (NAVSEA) Code 05L4 1333 Isaac Hull Avenue SE Washington Navy Yard, DC 20376-5149

TEL: 202-781-5262; DSN: 326-5262; FAX:202-781-4565

Email: edward.gray1@navy.mil

6.5 ADDITIONAL TESTING

While the scope of QA testing is limited in requirements, threat, and conditions tested, it does not relieve the Contractor from full requirements of this contract and all associated specifications or the statement of work. Nor shall it permit the Contractor to present to the Government any items that are known or suspected to be substandard merely on the basis of acceptable lot test results or the possibility of acceptable results if tested. The Government reserves the right conduct varied or additional QA and/or verification tests against any or all requirements of the contract and/or its specifications at any time as a condition of acceptance.

7.0 PROGRAM MANAGEMENT

The Contractor shall designate a Program Manager. This individual shall serve as the primary point of contact between the Government and the Contractor, and shall be responsible for the coordination of all Contractor activities related to the contract.

8.0 POST AWARD CONFERENCE

A Post Award Conference will be held by the Government at the Contractor's facility within 30 days of contract award. The purpose of the conference is to ensure mutual understanding of contract requirements, dispute resolution procedures, and identification of points of contact from contractor and government organizations.

9.0 IN-PROCESS REVIEWS (IPRS)

The Contractor shall host and participate in IPRs, as required. Initially, IPRs will be conducted on a quarterly basis at a minimum. The IPR reviews the progress of the NBBP program until production ramp-up is complete and monthly production is running consistently. After reaching and sustaining full production, IPRs will be held when deemed appropriate by the Government. IPRs shall be conducted on dates mutually agreeable to the Contractor and the Government. The Contractor shall brief on the production status and schedule, and any issues related to contract execution,

10.0 TECHNICAL DATA/REPORTS

The Contractor shall submit technical data and reports in accordance with the referenced Contract Data Requirements List (CDRLs). CDRLs are referenced in applicable SOW paragraphs and are provided as Exhibit A under Section J of this contract.

10.1 CONTRACT STATUS REPORT

The Contractor shall provide a monthly contract status report in accordance with Section 12, Deliverables.

DI# A001: DI MGMT-80227 Contractor's Progress, Status and Management Report

10.2 SYSTEM SAFETY AND ENVIRONMENTAL INFORMATION REPORT (SSEIR)\

System Safety. The Contractor shall identify and evaluate environmental, safety, and health hazards, define risk levels, and establish a program that manages the probability and severity of all hazards associated with development, use, and disposal of the system in accordance with MIL-STD-882. Residual risks will be evaluated by the Government in accordance with MIL-STD-882 and accepted as appropriate prior to exposing people, equipment, or the environment to known system related Environment, Safety, and Occupational Health (ESOH) risks. The Contractor must identify all explosive safety risks as such in the system safety documentation.

DI # A002: System Safety and Environmental Information Report (SSEIR)

Health Hazard Assessment. The Contractor shall perform and document a Health Hazard Assessment (HHA) to identify health hazards, evaluate proposed hazardous materials, and propose protective measures to reduce the associated risk to a level acceptable by the Government. The HHA shall include the minimum hazard probability and severity reporting thresholds and any selected hazards, hazardous areas, hazardous materials, or other specific items to be examined or excluded.

DI # A002: System Safety and Environmental Information Report (SSEIR)

Hazardous Materials Management Program and Pollution Prevention. The Contractor shall implement a Hazardous Materials Management Program (HMMP) and Pollution Prevention (P2) in accordance with NAS 411. The Contractor shall avoid the use of toxic chemicals, hazardous materials, and ozone depleting substances (ODS) in the design, operational support and disposal of the NBBP where possible. The HMMP shall establish a process to manage all requirements for asbestos, radioactive materials, cadmium, hexavalent chromium, and extremely toxic or hazardous materials in design, production, operation, and support. The use of Class I or Class II Ozone Depleting Chemicals (ODCs) is prohibited in the design or operational support of the system without specific written approval of the Contracting Officer. More information on chemicals and hazardous materials to be avoided can be obtained from the Environmental Protection Agency (EPA). The Contractor shall make this information available to the Government upon request.

DI # A002: System Safety and Environmental Information Report (SSEIR)

Material Safety Data Sheets. The Contractor shall provide all Material Safety Data Sheets (MSDS) to the Government for review (a) at Post Award Conference and (b) anytime thereafter if their plate material in support of the product baseline changes. A copy of the MSDS is required in accordance with FED-STD-313D Change Notice 1.

DI # A002: System Safety and Environmental Information Report (SSEIR)

Environmental Considerations. The Contractor shall provide information on the potential for any adverse environmental impacts from the manufacturing, operation, maintenance, and disposal of the NBBP. This information will be used to assist the Government in making a preliminary National Environmental Policy Act (NEPA) decision and in the preparation of formal NEPA documents, which include CATEX, EA, and EIS. Such environmental impacts include air, soil, wetlands, water, flora, fauna, endangered species, emissions and toxic waste resulting from development, maintenance (coatings and primers), operation, disposal, etc.

DI # A003: DI-MISC-80508B, Technical Report, Study/Services (Environmental Considerations)

10.3 CONFIGURATION MANAGEMENT

Configuration Management Process. The Contractor shall maintain a configuration management (CM) process for the control of all NBBP configuration documentation, media and parts representing or comprising the NBBP. The principles contained in EIA-649 and MIL-HDBK-61 may be used for guidance. The Contractor's CM process shall consist of configuration identification, configuration control, configuration status accounting, and configuration audits. Consideration for interfacing with other acquisition requirements such as design review, quality assurance, and other program related disciplines shall be addressed. The Contractor shall notify the Government of any changes at the Contractor's facility, which affect the Contractor's established CM process.

Configuration Identification. At the Post Award Conference, the Contractor shall propose Configuration Items (CIs) to be managed by the Government and those to be managed by the Contractor at a lower level/tier. For those CIs that have been identified for Government control, the Contractor shall provide form, fit, function, and interface documentation necessary for configuration status accounting. The Contractor shall establish management practices for those lower level/tier CIs.

Configuration Status Accounting. The Contractor shall establish and maintain a Configuration Status Accounting (CSA) database, which represents the configurations of the NBBP. All baselines and changes shall be documented in the Contractor's CSA database. The Contractor's CSA database shall permit acceptance of commercial product information; however, if requirements to report data outside of the Contractor's CSA database or format exist, the information may be delivered as a supplement to prevent disruption to their existing system. The Contractor's CSA database shall reconcile any differences between the supplier information and Contractor practices to provide the Government with clear accountability of product information. Additionally, the CSA database shall provide a reliable source of configuration information to support test activities, including program management, systems engineering, logistics support, and modification/maintenance actions. The Government may request a report from the CSA database as needed.

DI # A004: DI-CMAN-81253A, Configuration Status Accounting Information

10.4 CONFIGURATION MANAGEMENT MEETINGS/AUDITS

Physical Configuration Audit. The Physical Configuration Audit (PCA) shall be performed to verify the NBBP and its configuration items (CIs) are accurate, complete, compatible, and that the CI has achieved the performance and functional characteristics defined in the functional configuration baseline. The Government and the Contractor shall conduct the PCA jointly, at a time and place mutually agreed upon, with the Government chairing the audit. The PCA shall verify the drawings reflect the "as-built" configuration of all newly developed or modified portions of the system; accurate form, fit, function information is provided on control drawings for non-developmental/commercial off-the-shelf items; and confirm the drawings accurately represent the "as-built" production configuration.

Whenever possible, the PCA shall be conducted incrementally, concurrent with hardware fabrication and assembly of the first production NBBP. As part of the configuration management plan/process submitted with the proposal, the Contractor shall provide an approach and proposed schedule for conducting the PCA and identification of the CIs to be audited at first article production. The Contractor shall participate and assist the Government in the development of the PCA, using the guidelines contained in MIL-HDBK-61A, section 8. The Contractor shall document the results of the PCA after each audit and shall correct all audit discrepancies documented in the configuration audit summary reports. In the event the Government finds evidence the drawings and/or documents do not adequately represent the equipment, the Government reserves the right to stop production until all discrepancies are corrected and the Government approves the configuration audit summary report. The product baseline will be established upon completion of the PCA and resolution of audit discrepancies.

DI # A005: DI-CMAN-81022C, Configuration Audit Summary Report (Physical)

10.5 CONFIGURATION CONTROL.

The Contractor shall implement configuration control methods and procedures which maintain the integrity and traceability of an established baseline. Changes to established baselines shall only be made after Government approval of Engineering Change Proposals (ECP) and Request for Deviation (RFD). Sufficient supporting data to evaluate the proposed change, such as drawings, supplemental drawings, sketches, specifications, or manufacturer's data sheets, shall be submitted with ECP's and RFD's. Changes shall be identified to the affected assembly serial number, or if not part of an assembly, to the affected equipment serial number. The Contractor's configuration control process shall be available for Government review.

Engineering Change Proposals. Engineering Change Proposals (ECP) shall be submitted by the Contractor, and shall be limited to those which are necessary or offer significant benefit to the Government. MIL-HDBK-61A, Section 6.2, provides guidance concerning the classification of ECP's. The Government will review each ECP upon receipt and notify the Contractor in writing of approval/disapproval. Major engineering changes prior to the establishment of the product baseline shall be approved by the Program Office and Contracting Officer at In Process Reviews (IPR). Technologies that reduce the overall system weight (without degradation of other performance characteristics), allow for the use of hardware-less retention systems, and/or increases performance, durability, and service life are a priority. ECPs will not be considered prior to contract award.

DI # A006: DI-CMAN-80639C, Engineering Change Proposal (ECP)

Requests for Deviation. The Contractor shall process Requests for Deviation (RFD) from current approved configuration documentation. Authorized deviations are a temporary departure from the requirements and do not constitute a change in an approved baseline. Submission of recurring deviations is discouraged and shall be minimized. Where it is determined that a change should be permanent, the Contractor shall process an ECP. MIL- HDBK-61 provides guidance concerning the classification of RFDs.

DI # A007: DI-CMAN-80640C, Request for Deviation (RFD)

Notices of Revision. The Contractor shall generate and submit Notices of Revision (NOR) concurrently with ECPs when technical documentation controlled by another Contractor or Government agency requires changes following approval of an ECP.

DI # A008: DI-CMAN-80642C, Notice of Revision (NOR)

ECP, deviations, or revisions may require a new FAT. Nearly all changes to the ballistic plate(s) will require a new FAT. FAT determination on a case by case basis.

10.6 ENGINEERING DRAWINGS

Product Drawings. The Contractor shall develop a complete product drawing package and provide it to the Government at FAT or with any approved ECP after FAT. This process may require the revision and update of existing drawings, and/or development of new drawings to meet the requirements of product drawings/models and associated lists. Revised and newly created drawings shall be developed to document any design change and shall reflect all changes resulting from Government approved ECPs. Existing, revised, and new product drawings and associated lists shall be used as the engineering data for procuring, controlling, and using materials, parts, and assemblies whether produced in-house or supplied by the Contractor. The drawings shall be used for the assembly, provisioning, inspection, testing, and configuration management of the materials, parts, modules, subassemblies, and assemblies of the equipment covered under this contract. The product drawings shall also include control drawings for all commercial off the shelf (COTS) items that do not conform to recognized Government or industry specifications, non-developmental items (NDI) and items developed at private expense for which the Government had not acquired unlimited rights. These control drawings shall provide the applicable performance specification of form, fit, and function and provide interface information needed for competitive re-procurement of that item or an interchangeable item. New product drawings/models shall conform to ASME Y14.100 and ASME Y14.34.

DI # A009: DI-SESS-81000C, Product Drawings/Models and Associated Lists

10.7 TEST AND EVALUATION

First Article Test approval remains in effect and production may continue unless:

a. The Contractor fails Lot Acceptance Testing (LAT) requirements on two (2) consecutive lots. Should this occur, the Contractor will immediately cease production (Stop Work) and conduct a Failure Analysis and provide such reports as required to facilitate the completion of a Corrective Actions Report (CAR) as directed by the Defense Contract Management Agency (DCMA) Quality Assurance Representative (QAR). The CAR will then be submitted to the QAR and the Contracting Officer for review no later than 15 calendar days after occurrence. The QAR and Contracting Officer will determine within five (5) working days after receipt of the CAR if production of the approved First Article Test configuration may resume or if the Contractor must conduct a new First Article Test for the issuance of a new First Article Test Approval Letter. If a new First Article Test is required, the Contractor will submit the number of samples required to conduct a new First Article Test (at the Contractor's expense) as directed by the Contracting Officer, for the issuance of a new First Article Test Approval Letter. All First Article Test Reports remains the property of the Government.

DI# A010: DI SESS-81315A Failure Analysis and Corrective Action Report

11.0 WARRANTY

The Contractor warrants the NBBP for workmanship, materials, design, and compliance with the performance specifications.

12.0 DELIVERABLES

Table below is list of Contract Data Requirements List (CDRL), which can be found in Exhibit A of this contract.

CDRL #

SOW

Para #

SOW Paragraph Title

CDRL

A001

10.1 Contract Status Report

DI# A001: DI MGMT-80227

Contractor’s Progress, Status and Management Report

A002 10.2 System Safety and Environmental Information Report (SSEIR)

DI # A002: System Safety and Environmental Information Report

(SSEIR)

A003

10.2 Environmental Considerations

DI # A003: DI-MISC-80508B,

Technical Report, Study/Services (Environmental Considerations)

A004 10.3 Configuration Management

DI # A004: DI-CMAN-81253A,

Configuration Status Accounting Information

A005 10.4 Configuration Management Meetings/Audits

DI # A005: DI-CMAN-81022C,

Configuration Audit Summary Report (Physical)

A006 10.5 Engineering Change Proposals

DI # A006: DI-CMAN-80639C,

Engineering Change Proposal

(ECP)

A007 10.5 Request for Deviation

DI # A007: DI-CMAN-80640C,

Request for Deviation (RFD)

A008 10.5 Notices of Revision

DI # A008: DI-CMAN-80642C,

Notice of Revision (NOR)

A009 10.6 Engineering Drawings

DI # A009: DI-SESS-81000C,

Product Drawings/Models and Associated Lists

A010 10.7 Test and Evaluation

DI# A010: DI SESS-81315A

Failure Analysis and Corrective Action Report

Unless otherwise specified, the Government will have a maximum of thirty (30) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The Contractor will have a maximum of fifteen (15) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. The Contractor may assume a deliverable is acceptable if it receives no feedback within this time.

13.0 GOVERNMENT FURNISHED INFORMATION

The Government may provide other documentation if available.

ASSIGNMENT AND USE OF NATIONAL STOCK NUMBERS (NAVSEA) (MAY 1993)

To the extent that National Stock Numbers (NSNs) or preliminary NSNs are assigned by the Government for the identification of parts, pieces, items, subassemblies or assemblies to be furnished under this contract, the Contractor shall use such NSNs or preliminary NSNs in the preparation of provisioning lists, package labels, packing lists, shipping containers and shipping documents as required by applicable specifications, standards or Data item Descriptions of the contract or as required by orders for spare and repair parts. The cognizant Government Contract Administration Office shall be responsible for providing the Contractor such NSNs or preliminary NSNs which may be assigned and which are not already in possession of the Contractor.

ASSIGNMENT OF SERIAL NUMBER(S) (NAVSEA) (SEP 1990)

The Contractor shall request serial number assignment, in writing, from the Cognizant Technical Program Office, with a copy to the cognizant Contract Administration Office. The request for serial number assignment shall contain the following minimum information:

(a) Contract number;

(b) Assigned line item number and description;

(c) Assigned type designation;

(d) Assigned model number;

(e) Top drawing number and ID (List of Drawings) number;

(f) Exact quantity for which serial numbers are being requested, including preproduction samples required by the contract; and

(g) National Stock Number

CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal dated in response to NAVSEA Solicitation No. N00024-13-R-6306.

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item

(f) of the clause, following "the specification" in the order of precedence.

MINIMUM INSURANCE REQUIREMENTS (NAVSEA) (SEP 1990)

In accordance with the clause of this contract entitled "INSURANCE--WORK ON A GOVERNMENT INSTALLATION" (FAR 52.228-5), the Contractor shall procure and maintain insurance, of at least the kinds and minimum amounts set forth below:

(a) Workers' Compensation and Employer's Liability coverage shall be at least $100,000, except as provided in FAR 28.307(a).

(b) Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

(NAVSEA) (APR 2004)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors are free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, E Business Division for contractor specifics.) However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements.

All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only.

UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of this or any other contract, the contractor believes that any contract contains outdated or different versions of any specifications or standards, the contractor may request that all of its contracts be updated to include the current version of the applicable specification or standard. Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

INFORMATION AND DATA FURNISHED BY THE GOVERNMENT - ALTERNATE II (NAVSEA) (SEP 2009)

(a) NAVSEA Form 4340/2 or Schedule C, as applicable, Government Furnished Information, attached hereto, incorporates by listing or specific reference, all the data or information which the Government has provided or will provide to the Contractor except for

(1) The specifications set forth in Section C, and

(2) Government specifications, including drawings and other Government technical documentation which are referenced directly or indirectly in the specifications set forth in Section C and which are applicable to this contract as specifications, and which are generally available and provided to Contractors or prospective Contractors upon proper request, such as Federal or Military Specifications, and Standard Drawings, etc.

(b) Except for the specifications referred to in subparagraphs (a)(1) and (2) above, the Government will not be obligated to provide to the Contractor any specification, drawing, technical documentation or other publication which is not listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, notwithstanding anything to the contrary in the specifications, the publications listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, the clause entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) or "GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES " (FAR 52.245-2), as applicable, or any other term or condition of this contract.

(c)(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule C, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (c)(1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.

FIRST ARTICLE (GOVERNMENT TESTING) (NAVSEA) (SEP 1990)

(a) For the purpose of this contract, the "First Article" is synonymous with the terms "preproduction model(s)" and "preproduction equipment".

(b) The production equipment shall be manufactured with tools, materials and methods which are the same as, or representative of the tools, material and methods which were used to manufacture the First Article. The First Article shall not be delivered for first article approval tests as provided for in the clause of this contract entitled "FIRST ARTICLE APPROVAL--GOVERNMENT TESTING" (FAR 52.209-4) until after the Contractor has fully tested it, at its expense, to determine compliance with said requirements and it has been preliminarily accepted by the Contract Administration Office. The Contractor shall make a record of all data obtained during such tests in such form as is consonant with good engineering practice and furnish five (5) copies thereof. The cover sheet of each copy of this record shall be marked with this contract number and the item identification. One (1) copy shall be furnished to the Contract Administration Office at the time of inspection for preliminary acceptance, one (1) copy shall accompany the First Article on delivery thereof, and three (3) copies shall be furnished to the Naval Sea Systems Command at the time of First Article delivery.

(c) Pursuant to paragraph (e) of the clause entitled "FIRST ARTICLE APPROVAL--GOVERNMENT TESTING", the First Article shall not be delivered as part of the production quantity.

Section D - Packaging and Marking

Item(s) 0001, and if options exercised, 0101-0502 - The supplies furnished hereunder shall be cleaned, preserved, packaged, packed and marked Level A in accordance with Military Specification MIL-E-17555H(2), dated 2 November 1992.

Item(s) 0001, and if options exercised, 0101-0502 - The supplies furnished hereunder shall be cleaned, preserved, packaged, packed and marked in accordance with the instructions provided by the Contracting Officer, Provisioning Activity, or ACO. When not otherwise specified, spare and repair parts shall be packaged to ensure protection against corrosion, deterioration, physical, and electrical damage during shipment from the Contractor to the point of delivery.

Item(s) 0001, and if options exercised, 0101-0502 - The parts ordered hereunder shall be cleaned, preserved, packaged, packed and marked in accordance with instructions provided by the Contracting Officer, Provisioning Activity, or ACO.

When not otherwise instructed, spare and repair parts shall be cleaned, preserved, packaged, packed and marked Level A in accordance with Military Specification MIL-E-17555H(2), dated 2 November 1992.

IDENTIFICATION MARKING OF PARTS - ALTERNATE I (NAVSEA) (SEP 2009)

(a) Identification marking of individual parts within the systems, equipments, assemblies, subassemblies, components, groups, sets or kits, and of spare and repair parts shall be done in accordance with applicable specifications and drawings.

To the extent identification marking of such parts is not specified in applicable specifications or drawings, such marking shall be accomplished in accordance with the following:

(1) Parts not manufactured to Government specifications shall be marked in accordance with generally accepted commercial practice.

(2) Parts manufactured to Government specifications shall be marked as follows:

(i) Electrical Parts - that is, all parts in electrical equipments and electrical parts when used in equipments which are not electrical in nature (e.g., electric controls and motors in a hydraulic system) - shall be identified and marked in accordance with MIL-STD-1285D dated 7 September 2004, or, where MIL-STD-1285D does not cover such a part, in accordance with MIL-STD-130N dated 17 December 2007. Requirements of MIL-STD-1686C dated 25 October 1995 for Electrostatic Discharge Control shall be addressed.

(ii) Electronic Parts - that is, all parts in electronic equipments and electronic parts when used in equipments which are not electronic in nature (e.g., electronic fuel controls in some engines) - shall be identified and marked in accordance with Requirement 67 of MIL-HDBK-454A dated 3 November 2000. Requirements of MIL-STD-1686C for Electrostatic Discharge Control shall be addressed.

(iii) Parts other than electrical or electronic parts (as described above) shall be identified and marked in accordance with MIL-STD-130N.

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

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