N00024-14-R-5353.pdf
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- Advance Off-board Electronic Warfare Preliminary Design, Development, and Low-Rate Initial Production
- Solicitation number
- N00024-14-R-5353
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N00024-14-R-5353
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Other files
| File | Type | Posted |
|---|---|---|
| 14R5353_P0015.pdf | ||
| 14R5353_0014.pdf | ||
| 14R5353_Amend_0013.pdf | ||
| 14R5353_0012.pdf | ||
| 14R5353_0011.pdf | ||
| 14R5353_0010.doc | DOC document | |
| 0009.pdf | ||
| 0008.pdf | ||
| J-20_Contractor_Award_Information_(13Nov2014).pdf | ||
| N0002414R5353_0007.pdf | ||
| AOEW_CDRL_Exhibit_B112_-_Amendment_0006.pdf | ||
| N0002414R5353_0006.pdf | ||
| 14R5353_0005.pdf | ||
| 14R5353_0004.pdf | ||
| 14R5353_0003.pdf | ||
| Enclosure_(1)_Q A.pdf | ||
| 14R5353_0002.pdf | ||
| N00024-14-R-5353_Attachments.zip | ZIP file | |
| RFP_Classified_Material_Request_Form.pdf | ||
| 14R5353_0001.pdf |
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CODE
(Hour)
PAGE(S)
until 12:00 AM local time 27 Oct 2014
X
A X B X C X D
EX
X
G F 118 - 129
130 - 169 X H 170 - 187 nicole.gerow@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)
DO-A7 1 187
(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 8 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
See Section L conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
NICOLE A. GEROW 202-781-1088
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 56
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
57 - 70 71 - 73
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
74 - 77 78 - 85
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 86 - 89 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 90 - 98 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
99 - 115
PART II - CONTRACT CLAUSES
NAVAL SEA SYSTEMS COMMAND (HQ)
1333 ISAAC HULL AVE SE
WASHINGTON NAVY YARD DC 20376-2040
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
116 - 117
6. REQUISITION/PURCHASE NO.
N0002414NR42054
5. DATE ISSUED
19 Aug 2014
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N00024-14-R-5353
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
Each
Pre Design AOEW AMP
CPIF
Preliminary Design of Advanced Off-board Electronic Warfare (AOEW) System (FY15). See Note C.
FOB: Origin
PURCHASE REQUEST NUMBER: N0002414NR42054
TARGET COST
TARGET FEE
TOTAL TGT COST + FEE
MINIMUM FEE
MAXIMUM FEE
SHARE RATIO ABOVE TARGET
SHARE RATIO BELOW TARGET
Data
1 Lot
Data for Items 0001 and 0003, and if options are exercised Item(s) 0101, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0301, 0302, 0303, 0304, 0305, 0306, 0307, 0308, 0309, 0310, 0311 (See DD Form 1423, Exhibits "A, B, C and D") Not Separately Priced (NSP)
- Price to be included in Items 0001 and 0003, and if options are exercised, Item(s) 0101, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0301, 0302, 0303, 0304, 0305, 0306, 0307, 0308, 0309, 0310, 0311. See Note A.
NET AMT
Provisioned Item Order (PIO)
OPTION EMD - AOEW AMP
CPIF
AOEW AMP Engineering Manufacturing and Development (EMD). See Notes B, C, E and F.
FOB: Destination
0101AA
CPIF
AOEW AMP Engineering Manufacturing and Development (EMD) and delivery of 4 Engineering Development Models (EDMs), EDM Spares and Technical Data Package (TDP). (FY16) See Notes B, C, E and F.
0101AB
CPIF
AOEW AMP Engineering Manufacturing and Development (EMD) and delivery of 2 Engineering Development Models (EDMs) mass models. (FY16) See Notes B, C, E and F.
0101AC
CPIF
AOEW AMP Engineering Manufacturing and Development (EMD) and delivery of 2 Engineering Development Models (EDMs), EDM Spares and Technical Data Package (TDP). (FY16) See Notes B, C, E and F.
Data Rights Option
FFP
OPTION Data Rights in AOEW AMP Technical Data, Computer Software, and Computer Software Documentation. See Note B.
0102AA
Data Rights Option SLIN
FFP
OPTION Data Rights in AOEW AMP Technical Data, Computer Software, and Computer Software Documentation. See Note B.
OPTION Technical Performance Incentive Funding
COST
Funding for Item 0101 Technical Performance Incentive. See Notes B and E.
ESTIMATED COST
1 Each
OPTION AOEW AMP LRIP
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TARGET PROFIT
TOTAL TARGET PRICE
CEILING PRICE
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0202AA
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0202AB
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0203AA
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0203AB
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0203AC
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0204AA
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0204AB
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0204AC
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0204AD
FPI
AOEW AMP LRIP Unit (FY19). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
35,000 Man Hours
OPTION Engineering Services
FY19. See Note B.
FOB: Origin
CPFF
FIXED FEE
TOTAL EST COST + FEE
OPTION Travel and Incidental Material
COST
Support of Item 0205. Cost only. Not to exceed $100,000. See Note B.
OPTION AOEW AMP LRIP Mass Model
Production Representative mass models. (FY19) See Notes B, D, and H.
TOTAL TARGET PRICE
CEILING PRICE
0207AA
FPI
Delivery of 1 Production Representative mass model. (FY19) See Notes B, D, and H.
TOTAL TARGET PRICE
CEILING PRICE
0207AB
FPI
Delivery of 1 Production Representative mass model. (FY19) See Notes B, D, TOTAL TARGET PRICE
CEILING PRICE
0207AC
FPI
Delivery of 1 Production Representative mass model. (FY19) See Notes B, D, TOTAL TARGET PRICE
CEILING PRICE
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0302AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0302AB
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0303AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0303AB
FPI
AOEW AMP System LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0303AC
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP System LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0304AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0304AB
FPI
AOEW AMP System LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0304AC
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0304AD
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP System LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0305AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0305AB
FPI
AOEW AMP System LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0305AC
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0305AD
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0305AE
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0306AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0306AB
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0306AC
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0306AD
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0306AE
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0306AF
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AB
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AC
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AD
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AE
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AF
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0307AG
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AA
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AB
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AC
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AD
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AE
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AF
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AG
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
0308AH
FPI
AOEW AMP LRIP Unit (FY20). See Notes B, D, G and H.
TOTAL TARGET PRICE
CEILING PRICE
100,000 Man Hours
OPTION Engineering Services
(FY20) See Note B
FOB: Origin
CPFF
FIXED FEE
TOTAL EST COST + FEE
OPTION Travel and Incidental Material
COST
Support of Item 0309. Cost only. Not to exceed $200,000. See Note B.
OPTION AOEW AMP LRIP Mass Models
Production Representative mass models. (FY20) See Notes B, D, and H.
TOTAL TARGET PRICE
CEILING PRICE
0311AA
FPI
Delivery of 1 Production Representative mass model. (FY20) See Notes B, D, TOTAL TARGET PRICE
CEILING PRICE
0311AB
FPI
Delivery of 1 Production Representative mass model. (FY20) See Notes B, D, TOTAL TARGET PRICE
CEILING PRICE
CLAUSES INCORPORATED BY FULL TEXT
NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data Requirements List(s), attached hereto.
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.
NOTE C - Offeror shall include the Target Cost including Facilities Capital Cost of Money, Target Fee, Min Fee, Max Fee, and share lines in accordance with instructions provided in Section L. This Note will be removed at contract award.
NOTE D - Offeror shall include the Target Cost including Facilities Capital Cost of Money, Target Profit, Target Price, Ceiling Price, and share lines in accordance with instructions provided in Section L. This Note will be removed at contract award.
NOTE E - The Offeror may earn a technical performance incentive in accordance with Section B clause entitled
“DETERMINATION OF TECHNICAL PERFORMANCE INCENTIVE FOR ITEM 0101.”
NOTE F - The Offeror may earn a schedule incentive in accordance with Section B clause entitled
“DETERMINATION OF SCHEDULE INCENTIVE FOR ITEM 0101.”
NOTE G – The Government will exercise only one of the FY19 requirements under Option Items 0201, 0202, 0203 or 0204. The Government will exercise only one of the FY20 requirements under Option Items 0301, 0302, 0303, 0304, 0305, 0306, 0307 or 0308.
The Government will only exercise Option Items 0201, 0202, 0203, 0204, 0301, 0302, 0303, 0304, 0305, 0306, 0307 and 0308 in a combination that will procure twelve (12) or fewer LRIP units.
LRIP UNIT CLIN EXERCISED NUMBER OF UNITS PROCURED
0201 1 0202 2 0203 3 0204 4 0301 1 0302 2 0303 3 0304 4 0305 5 0306 6 0307 7 0308 8
Total Units Purchased (NTE 12)
NOTE H- For Options 0101, 0201, 0202, 0203, 0204, 0207, 0301, 0302, 0303, 0304, 0305, 0306, 0307 0308, and 0311 the contractor may assume efficiencies across all SLINs under that particular CLIN. If exercised, all SLINs under a CLIN will be exercised together.
CONTRACT SUMMARY FOR PAYMENT OFFICE (COST/FIXED PRICE) (FEB 1997)
This contract includes the following mixture of cost reimbursement and fixed price line items:
Item Type
0001 CPIF
0002 Not Separately Priced (NSP) 0003 FFP or CPFF orders
0101 CPIF
0102 FFP
0103 Cost
0201 FPIF
0202 FPIF
0203 FPIF
0204 FPIF
0205 CPFF
0206 Cost
0207 FPIF
0301 FPIF
0302 FPIF
0303 FPIF
0304 FPIF
0305 FPIF
0306 FPIF
0307 FPIF
0308 FPIF
0309 CPFF
0310 Cost
0311 FPIF
DETERMINATION OF SCHEDULE INCENTIVE FOR ITEM 0101 (to include Items 0101AA, 0101AB and
0101AC)
A. As part of the CPIF structure for Item 0101, the Contractor may earn a Schedule Incentive. The Government's purpose for including a Schedule Incentive is to encourage and reward Contractor initiative toward achieving a cost less than the AOEW AMP Target Cost and completing CLIN 0101, AOEW AMP Engineering Development Model (EDM), ahead of schedule and within Target Cost.
B. In the event the Contractor delivers early and comes in at or below Target Cost, the Contractor may earn a greater share of the underrun, based on the following:
30 – 59 calendar days early completion of CLIN 0101, to include SLINs 0101AA, 0101AB, and 0101AC from the schedule in Section F will result in a unilateral modification to update Section I 52.216-10 under run share to 40/60, or
60 calendar days or earlier completion of CLIN 0101, to include SLINs 0101AA, 0101AB, and 0101AC from the schedule in Section F will result in a unilateral modification to update Section I 52.216-10 under run share to 30/70.
If the Government does not fully fund Item 0101, to include Items 0101AA, 0101AB, and 0101AC to completion, the Contractor will not be eligible to earn the Schedule Incentive.
C. Pursuit of the Schedule Incentive shall not come at the expense of the overall AOEW AMP effort. In the event of an overrun, no schedule incentive may be earned.
D. Schedule Incentive Determination Procedures
1. Upon early successful passing of exit criteria as detailed for Item 0101 in the SOW, the Government will use the CPR data available in the accounting periods following completion of CLIN 0101 to determine whether the Contractor is in or projected to be in an overrun situation. The Government will issue a unilateral modification revising the underrun share line pursuant to paragraph B above, if applicable.
E. The Government’s determination of Schedule Incentive earned is a unilateral decision made solely at the discretion of the Government.
DETERMINATION OF TECHNICAL PERFORMANCE INCENTIVE FOR ITEM 0101
A. As part of the incentive structure for Item 0101, the Contractor may earn Technical Performance Incentives.
The Government's purpose for including Technical Performance Incentives is to encourage and reward Contractor initiatives toward achieving a design that limits software and firmware size growth.
B. The Technical Performance Incentives total amount of up to $ To be completed by Offeror (equal to up to two percent (2%) of Target Cost less FCCM) may be earned by the Contractor.
C. Pursuit of the Technical Performance Incentives shall not come at the expense of the overall AOEW effort. The Program Manager (PEO IWS 2.0) and Contracting Officer will make the determination of whether the Contractor has met this prerequisite to be considered for the incentives. In the event that the Program Manager and Contracting Officer determine that the Contractor's performance is not satisfactory, the Contractor will not be eligible for the incentives. In the event the Contractor exceeds Target Cost by 5% or more, each technical performance incentive will be reduced by a factor of 0.5. In the event the Contractor overruns to minimum fee, the Contractor will not be eligible to earn the technical performance incentive.
D. Technical Performance Incentives Determination Procedures
1. The Contractor shall be paid such Technical Performance Incentives as may be determined to be appropriate by the Program Manager (PEO IWS 2.0) and Procuring Contracting Officer.
2. Within thirty (30) calendar days of a determination as to the amount of Technical Performance Incentives earned, the Contracting Officer will issue a unilateral modification providing any earned Technical Performance Incentive amount.
E. Technical Performance Incentives may be earned as follows:
1) Limiting Software Size Growth Technical Performance Incentive may be earned by successfully demonstrating that delivered AOEW EDM Software Size (excluding NDI, verbatim, and machine generated code), measured in Delivered Software Lines Of Code (DSLOC), is maintained as estimated in the Offeror’s Proposal in Attachment J-9 that is incorporated at award. The measured Software shall be demonstrated on a fully compliant AOEW EDM. The Contractor shall measure DSLOC using the Unified Code Count (UCC) model, release 2011.10 (available online at http://sunset.usc.edu/research/CODECOUNT/) for all software supported by the UCC tool (see UCC_user_manual_v2011.10, SEC 7.1). For software not supported by UCC, the Contractor shall use the Count Lines of Code (CLOC), version 1.58 (available online at http://cloc.sourceforge.net/) to determine DSLOC. In all DSLOC counts, the Contractor shall not include blank lines and comments, and the Contractor shall use physical count metrics. The incentive structure is as follows:
The Ratio of DSLOC Measured / DSLOC Estimated In Proposal (R_DSLOC)
0 < R_DSLOC ≤ 1.10: 1.5% Incentive R_DSLOC > 1.10: 0% Incentive
2) Limiting Firmware Size Growth Technical Performance Incentive may be earned by successfully demonstrating that delivered AOEW EDM Firmware Size, measured in Delivered Firmware Lines Of Code (DFLOC), is maintained as estimated in the Offeror’s Proposal in Attachment J-9 that is incorporated at award. The measured Software shall be demonstrated on a fully compliant AOEW EDM. The
Contractor shall measure DFLOC using the Unified Code Count (UCC) model, release 2011.10 (available online at http://sunset.usc.edu/research/CODECOUNT/) for all software supported by the UCC tool (see UCC_user_manual_v2011.10, SEC 7.1). For software not supported by UCC, the Contractor shall use the Count Lines of Code (CLOC), version 1.58 (available online at http://cloc.sourceforge.net/) to determine DSLOC. In all DSLOC counts, the Contractor shall not include blank lines and comments, and the Contractor shall use physical count metrics. The incentive structure is as follows:
The Ratio of DFLOC Measured / DFLOC Estimated In Proposal (R_DFLOC)
0 < R_DFLOC ≤ 1.20: 0.5% Incentive R_DFLOC > 1.20: 0% Incentive
The Contractor may earn 1 and/or 2 or none.
F. The Government’s determination of the amount of Technical Performance Incentives earned is a unilateral decision made solely at the discretion of the Government. At the conclusion of the Factory Qualification Test (FQT), the Contractor shall provide evidence, including supporting measurements and analysis, required to make such determination. Support measurements shall be witnessed by the Government, and supporting analysis shall include all rationale with algorithms.
G. The Contractor will be paid any Technical Performance Incentive amount earned upon submittal of a proper invoice to the cognizant payment office. The Contractor’s invoice shall show the amount of Technical Performance Incentive (Item 0101) amount earned. The Contractor’s invoice must cite the appropriate accounting data in order for payment to be effected.
H. If the Government does not fully fund Item 0101 to completion, the Contractor will not be eligible to earn the Technical Performance Incentive.
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.
HQ B-2-0007 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)
The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.
PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993) (Applicable to Items 0001 and 0101)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, "fixed fee" in cost-plus-fixed-fee type contracts for completion and phase type contracts.
(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to to be filled in at award percent (to be filled in at award) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.
(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, in accordance with the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22) or "LIMITATION OF COST" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.
(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.
PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010) (Applicable to Items 0205 and 0309)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of effort type contracts.
(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable, and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced.
Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.
PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT (NAVSEA) (SEP
1990)
(a) For the purpose of paragraph (c) of the "PROGRESS PAYMENTS" clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a "material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.
(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "TECHNICAL DATA--WITHHOLDING OF PAYMENT" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "LIMITATION ON WITHHOLDING OF PAYMENTS (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.
HQ B-2-0017 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)
(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.
(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:
(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.
(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.
(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.
(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.
(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1).
(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.
(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.
(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.
HQ B-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (DEC 2005)
(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.
(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.
(c) Relocation costs and travel costs incident to relocation are allowable to the extent provided in FAR 31.205-35;
however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incident to relocation.
(d) The Contractor shall not be reimbursed for the following daily local travel costs:
(i) travel at U.S. Military Installations where Government transportation is available,
(ii) travel performed for personal convenience/errands, including commuting to and from work, and
(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.
Section C - Descriptions and Specifications
Items 0001 and 0002, and if exercised Items 0101, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0301, 0302, 0303, 0304, 0305, 0306, 0307, 0308, 0309, 0310, and 0311 – The Offeror shall perform the work in Attachment J-1, Statement of Work (SOW) for the Advanced Off-Board Electronic Warfare (AOEW) Active Mission Payload
(AMP).
Item(s) 0002 - The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A, B, C, D and E, attached hereto.
Item(s) 0003 - PROVISIONED ITEMS ORDERS (NAVSEA) (APR 1999)
(a) General. The Contractor agrees that it will furnish the supplies or services ordered by the Government in accordance with the procedures specified herein. Orders will be placed by the Contracting Officer, Provisioning Activity or Administrative Contracting Officer as unilateral or bilateral modifications to this contract on SF 30, Amendment of Solicitation/Modification of Contract. Any amounts shown in Section B at time of award of the initial contract for each provisioned line item are estimated amounts only and are subject to upward or downward adjustment by the issuing activity. If no amounts are shown, funding will be obligated before or at time of order issuance. It is understood and agreed that the Government has no obligation under this contract to issue any orders hereunder.
(b) Priced Orders. For each proposed order, the Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly thereafter, the Contractor and the Contracting Officer shall negotiate the price and delivery schedule for the proposed order. Upon execution and receipt of the priced order, the Contractor shall promptly commence the work specified in the order.
(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation of Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "CONTRACT DEFINITIZATION" (DFARS 252.217-7027) shall be included in any undefinitized order.
(d) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines that it cannot feasibly perform the order, or if the Contractor does not concur with the maximum ceiling amount.
However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen days of issuance of the order, the Contractor notifies the Contracting Officer in writing of its rejection of the order.
(e) Definitization of Undefinitized Orders. (1) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the Contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.
(2) Each undefinitized order shall contain a schedule for definitization which shall include a target date for definitization and dates for submission of a qualifying proposal, beginning of negotiations and, if appropriate, submission of make-or-buy and subcontracting plans and cost or pricing data. Submission of a qualifying proposal in accordance with the definitization schedule is a material element of the order. The schedule shall provide for definitization of the order by the earlier of:
(i) a specified target date which is not more than 180 days after the issuance of the undefinitized order.
However, that target date may be extended by the Contracting Officer for up to 180 days after the Contractor submits a qualifying proposal as defined in DFARS 217.7401; or
(ii) the date on which the amount of funds expended by the Contractor under the undefinitized order exceed fifty percent (50%) of the order's maximum ceiling amount, except as provided in subparagraph (f)(3) below.
(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart 15.8 and Part 31 of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause
(FAR 52.216-24).
(f) Limitation of Government Liability. (1) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of Government liability shall be the maximum Government liability if the order is terminated. The "LIMITATION OF GOVERNMENT LIABILITY" clause shall be included in any undefinitized order.
(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long-lead procurements; and except as otherwise provided in subparagraph (f)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.
(3) If the Contractor submits a qualifying proposal (as defined in DFARS 217.7401) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.
(4) If at any time the Contractor believes that its expenditure under an undefinitized order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.
(g) Initial Spares. The limitations set forth in paragraph (c) and subparagraphs (e)(2), (f)(2) and (f)(3) do not apply to undefinitized orders for the purchase of initial spares.
(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond 180 days after delivery of the last end item.
(i) Segregation of Costs. The Contractor shall segregate the costs of performance of each undefinitized order from the cost of any other work performed by the Contractor.
If exercised Item 0102 – The Contractor shall provide Unlimited or Government Purpose Data Rights in Technical Data, Computer Software, and Computer Software Documentation in accordance with the Supplemental 7017-CRL (Commercial Restrictions List) Cost-Price list. The Contractor shall remove or revise markings and legends in accordance with the rights provided. The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements Lists, DD Form 1423, Exhibit E, and CDRL E001.
PROVISIONING TECHNICAL DOCUMENTATION (NAVSEA) (FEB 1994)
The Provisioning Technical Documentation (PTD) shall be in accordance with the Provisioning Requirements Statement (PRS), including NAVSEA Addendum for PTD Requirements dated January 1993, the Provisioning Performance Schedule and the Contract Data Requirements List, DD Form 1423, Exhibit A, B, C, D and E attached hereto.
HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)
(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).
(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.
(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.
(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.
(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.
(f) Compliance with this requirement is a material requirement of this contract.
HQ C-2-0008 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.
HQ C-2-0009 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
HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR
RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)
(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.
(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.
(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.
(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract to restrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount of copies that can be made.
(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-form with exactly the same rights and limitations as if the data had been delivered as hard copy.
(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legends apply to the extent possible.
Such legends shall also be placed in human readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.
CONTRACTOR SAFETY AND HEALTH REQUIREMENTS FOR ACCESS TO NAVSEA/PEO SITE
(NAVSEA) (MAY 2012)
(a) Contractor personnel shall comply with all badging and security procedures required to gain access to any NAVSEA/PEO site. Contact the Contracting Officer’s Representative (COR) for specific requirements.
(b) Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in NAVSEA/PEO government spaces. Contractors who are injured on site shall notify SEA 04RS, Safety Office, via the COR.
(c) NAVSEA/PEO site facilities are low to mid-rise buildings with elevators and a contractor operated restaurant facility in building 197.
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