N0002415R5370_EASR_Solicitation.pdf
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CODE
(Hour)
PAGE(S)
until 11:00 AM local time 13 Oct 2015
X
A X B X C X D
EX
X
G F 146 - 154
155 - 209 X H 210 - 218 sheila utz1@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 1 218
(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 6 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)
SHEILA M UTZ 202-781-2486
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 60
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
61 - 76 77 - 78
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
79 - 84 85 - 93
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 94 - 98 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 99 - 107 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
108 - 142
PART II - CONTRACT CLAUSES
NAVAL SEA SYSTEMS COMMAND (HQ)
1333 ISAAC HULL AVE SE
WASHINGTON NAVY YARD DC 20376-2011
202-781-2594
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"
SOLICITATION
143 - 145
6 REQUISITION/PURCHASE NO
N0002415NR42027
5 DATE ISSUED
14 Aug 2015
4 TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3 SOLICITATION NO
N00024-15-R-5370
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
1 Lot
EASR EMD (Base)
CPIF
Enterprise Air Surveillance Radar (EASR) Engineering and Manufacturing Development (EMD). See Notes G and K
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR42027
TARGET COST
TARGET FEE
TOTAL TGT COST + FEE
MINIMUM FEE
MAXIMUM FEE
SHARE RATIO ABOVE TARGET
SHARE RATIO BELOW TARGET
1 Each
DATA FOR ITEMS
COST
NSP
Data for Items 0001, and if options are exercised, Items 0004, 0006, 0101, 0102, 0201, 0202, 0301, 0302, 0303, 0304, 0401AA, 0401AB, 0402AA, 0402AB, 0402AC, 0402AD, 0403, 0404AA, 0404AB, 0405, 0406, 0407, 0408, 0501, 0502AA, 0502AB, 0503, 0504AA, 0504AB, 0505, 0506, 0507, 0508, 0601, 0602AA, 0602AB, 0603, 0604, 0605, 0606, 0701, 0702AA, 0702AB, 0703, 0704AA, 0704AB, 0705, 0706, 0707, 0708, 0801, 0802AA, 0802AB, 0803, 0804, 0805, 0806 (See DD Form 1423, Exhibit A, C, E, and F, Not Separately Priced (NSP) - Included in the price of Items 0001, 0004, and if options are exercised, Items 0006, 0101, 0102, 0201, 0202, 0301, 0302, 0303, 0304, 0401AA, 0401AB, 0402AA, 0402AB, 0402AC, 0402AD, 0403, 0404AA, 0404AB, 0405, 0406, 0407, 0408, 0501, 0502AA, 0502AB, 0503, 0504AA, 0504AB, 0505, 0506, 0507, 0508, 0601, 0602AA, 0602AB, 0603, 0604, 0605, 0606, 0701, 0702AA, 0702AB, 0703, 0704AA, 0704AB, 0705, 0706, 0707, 0708, 0801, 0802AA, 0802AB, 0803, 0804, 0805, 0806. See Note A
ESTIMATED COST
Delivery in Support of CLIN 0001
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AA
EASR Interface Simulator
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AB
EASR Emulator
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AC
System Display & Control (SDC), #1
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AD
Depot Assets
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AE
Total EASR EDM Spares Lot
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AF
System Display & Control (SDC), #2
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AG
Maintenance Manual (computing platform)
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
0003AH
Add'l energy storage, power equipment
COST
Not Separately Priced (NSP) - Included in the Price of CLIN 0001
See Note L
Provisioned Items Order
FFP
NET AMT
ENHANCED DATA RIGHTS
OPTION See Note B
0006AA
Enhanced Data Rights SLIN
OPTION Enhanced Data Rights See Note B
25,000 Labor Hours
OPTION Engineering Services
EASR FY17 EMD
See Note B
CPFF
FIXED FEE
TOTAL EST COST + FEE
OPTION Travel for Engineering Services
COST
Travel in Support of CLIN 0101 Engineering Services
See Note B
EASR FY18 EMD
COST
Travel in Support of CLIN 0201 Engineering Services
12,500 Labor
EASR FY19 EMD
COST
Travel in Support of CLIN 0301 Engineering Services
OPTION EASR Variant 1 Production LLM
COST
EASR Variant 1 Production Long Lead Material
See Notes B, C, E, G, and H
OPTION EASR Variant 2 Production LLM
COST
EASR Variant 2 Production Long Lead Material
See Notes B, D, E, G, and H
Unit
OPTION EASR Variant 1 Production
FPI
EASR FY20 Production. See Notes B, C, E, F, G and I
If exercised, CLIN 0401 (0401AA & 0401AB) will be subsumed into CLIN 0303
TARGET PROFIT
TOTAL TARGET PRICE
CEILING PRICE
0401AA
1 Unit
FPI
Below Deck Equipment
EASR FY20 Production. See Notes B, C, E, F, G and I
If exercised, CLIN 0401 (0401AA & 0401AB) will be subsumed into CLIN 0303
TOTAL TARGET PRICE
CEILING PRICE
0401AB
FPI
Above Deck Equipment
EASR FY20 Production. See Notes B, C, E, F, G and I
If exercised, CLIN 0401 (0401AA & 0401AB) will be subsumed into CLIN 0303
TOTAL TARGET PRICE
CEILING PRICE
FPI
EASR FY20 Production. See Notes B, C, E, F, G, I and J
If exercised, CLIN 0402 (0402AA & 0402AB) will be subsumed into CLIN 0303.
CLIN 0402AC and 0402AD will not be subsumed into CLIN 0303
TOTAL TARGET PRICE
CEILING PRICE
0402AA
FPI
EASR FY20 Production. See Notes B, C, E, F, G, I and J
Below Deck Equipment
If exercised, CLIN 0402 (0402AA & 0402AB) will be subsumed into CLIN 0303.
TOTAL TARGET PRICE
CEILING PRICE
0402AB
FPI
EASR FY20 Production. See Notes B, C, E, F, G, I and J
Above Deck Equipment
If exercised, CLIN 0402 (0402AA & 0402AB) will be subsumed into CLIN 0303.
TOTAL TARGET PRICE
CEILING PRICE
0402AC
FPI
EASR FY20 Production. See Notes B, E, F, G, I and J
Below Deck Equipment
TOTAL TARGET PRICE
CEILING PRICE
0402AD
FPI
EASR FY20 Production. See Notes B, E, F, G, I and J
Above Deck Equipment
TOTAL TARGET PRICE
CEILING PRICE
OPTION EASR Variant 2 Production With LLM
EASR FY20 Production. See Notes B, D, E, F, G and I
If exercised, CLIN 0403 will be subsumed into CLIN 0304
TOTAL TARGET PRICE
CEILING PRICE
OPTION EASR Variant 2 Production
EASR FY20 Production. See Notes B, D, E, F, G, I, and J
If exercised, CLIN 0404 (0404AA & 0404AB) will be subsumed into CLIN 0304
TOTAL TARGET PRICE
CEILING PRICE
0404AA
EASR FY20 Production. See Notes B, D, E, F, G, I and J
If exercised, CLIN 0404 (0404AA) will be subsumed into CLIN 0304
TOTAL TARGET PRICE
CEILING PRICE
0404AB
EASR FY20 Production. See Notes B, E, F, G, I and J
CLIN 0404AB will not be subsumed
TOTAL TARGET PRICE
CEILING PRICE
50,000 Labor
OPTION Production Engineering Services
EASR FY20 Production
OPTION Travel for Production Eng Services
COST
Travel in Support of CLIN 0405 Production Engineering Services
OPTION EASR Variant 1 Non-Recurring Engineering
FPI
EASR Variant 1 Non-Recurring Engineering Effort For EASR Transition to Production, First Article Testing, and Physical Configuration Audit
See Notes B, G, H, and M
TOTAL TARGET PRICE
CEILING PRICE
OPTION EASR Variant 2 Non-Recurring Engineering
FPI
EASR Variant 2 Non-Recurring Engineering Effort For EASR Transition to Production, First Article Testing, and Physical Configuration Audit
See Notes B, G, H and M
TOTAL TARGET PRICE
CEILING PRICE
FPI
EASR FY21 Production. See Notes B, F, G and I
TOTAL TARGET PRICE
CEILING PRICE
EASR FY21 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0502AA
FPI
EASR FY21 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0502AB
FPI
EASR FY21 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
FPI
EASR FY21 Production. See Notes B, F, G, I and M
TOTAL TARGET PRICE
CEILING PRICE
EASR FY21 Production. See Notes B, F, G, I, J and M
TOTAL TARGET PRICE
CEILING PRICE
0504AA
FPI
EASR FY21 Production. See Notes B, F, G, I, J and M
TOTAL TARGET PRICE
CEILING PRICE
0504AB
EASR FY21 Production. See Notes B, F, G, I, J and M
TOTAL TARGET PRICE
CEILING PRICE
EASR FY21 Production
OPTION Travel for Production Eng. Services
COST
Travel in Support of CLIN 0505 Engineering Services
OPTION Field Engineering Services
EASR FY21 Production
OPTION Travel for Field Engineering Services
COST
Travel in Support of CLIN 0507 Field Engineering Services
FPI
EASR FY22 Production. See Notes B, F, G and I
TOTAL TARGET PRICE
CEILING PRICE
EASR Variant 1 Production
EASR FY22 Production. See Notes B, F, G, and I
TOTAL TARGET PRICE
CEILING PRICE
0602AA
FPI
EASR FY22 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0602AB
FPI
EASR FY22 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
EASR FY22 Production
OPTION Travel for Production Eng. Services
COST
Travel in Support of CLIN 0603 Production Engineering Services
EASR FY22 Production
COST
Travel in Support of CLIN 0605 Field Engineering Services
FPI
EASR FY23 Production. See Notes B, F, G and I
TOTAL TARGET PRICE
CEILING PRICE
EASR FY23 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0702AA
FPI
EASR FY23 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0702AB
FPI
EASR FY23 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
FPI
EASR FY23 Production. See Notes B, F, G, I and M
TOTAL TARGET PRICE
CEILING PRICE
EASR Variant 2 Production
EASR FY23 Production. See Notes B, F, G, I and M
TOTAL TARGET PRICE
CEILING PRICE
0704AA
FPI
EASR FY23 Production. See Notes B, F, G, I, J and M
TOTAL TARGET PRICE
CEILING PRICE
0704AB
FPI
EASR FY23 Production. See Notes B, F, G, I , J and M
TOTAL TARGET PRICE
CEILING PRICE
EASR FY23 Production
COST
Travel in Support of CLIN 0705 Production Services
EASR FY23 Production
COST
Travel in Support of CLIN 0707 Field Engineering Services
FPI
EASR FY24 Production. See Notes B, F, G and I
TOTAL TARGET PRICE
CEILING PRICE
EASR FY24 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0802AA
FPI
EASR FY24 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
0802AB
FPI
EASR FY24 Production. See Notes B, F, G, I and J
TOTAL TARGET PRICE
CEILING PRICE
EASR FY24 Production
COST
Travel in Support of CLIN 0803 Production Engineering Services
EASR FY24 Production
COST
Travel in Support of CLIN 0805 Field Engineering Services
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.
SECTION B
NOTE B - Option item to which the option clauses in SECTION I apply and which is to be supplied only if and to the extent said option is exercised.
NOTE C
If Option Item 0303 is exercised, Item(s) 0401 (0401AA & 0401AB ) or 0402 (0402AA & 0402AB) shall be subsumed into the Long Lead Material CLIN 0303; 0401 AA & 0401AB or 0402AA & 0402AB will be retained as not separately priced Items for delivery purposes; and the Period of Performance for CLIN 0303 will be revised to reflect the last delivery date of CLIN 0401AB or 0402AB. CLIN 0402 (0402AC & 0402AD) will not be subsumed. The Long Lead Material shall be considered Contractor Furnished in accordance with Section H special Contract requirement entitled “SUBSUMPTION OF PRODUCTION ITEMS 0303 AND 0304.” In the event that Item(s) 0401 (0401AA & 0401AB ) or 0402 (0402AA, & 0402AB), are subsumed, CLIN 0303 will convert to Fixed Price Incentive Firm Target. CLIN 0303 Target Cost will be the combined 0303 estimated cost and CLIN(s) 0401 or 0402 (0402AA & 0402AB) Target Cost and incorporate CLIN(s) 0401 (0401AA & 0401AB ) or 0402 (0402AA & 0402AB) share ratios, Target Profit Amount and Ceiling Price. Profit on Long Lead Material may only be earned in the event that CLIN(s) 0401 (0401AA & 0402AB) or 0402 (0402AA & 0402AB) are subsumed into CLIN 0303.
NOTE D
If Option Item 0304 is exercised, Item(s) 0403 or 0404 (0404AA) shall be subsumed into the Long Lead Material Item 0304 and the Period of Performance for CLIN 0304 will be revised to reflect the last delivery date of CLIN 0403 or 0404AA. The Long Lead Material shall be considered Contractor Furnished in accordance with Section H special Contract requirement entitled “SUBSUMPTION OF PRODUCTION ITEMS 0303 AND 0304.” In the event that Item(s) 0403 or 0404 (0404AA), are subsumed, CLIN 0304 will convert to Fixed Price Incentive Firm Target. CLIN(s) 0304 Target Cost will be the combined 0304 estimated cost and CLIN 0403 or 0404 (0404AA) Target Cost and incorporate CLIN(s) 0403 or 0404 (0404AA) share ratios, Target Profit Amount and Ceiling Price. Profit on Long Lead Material may only be earned in the event that CLIN(s) 0403 or 0404 (0404AA) are subsumed into CLIN 0304.
NOTE E
The Government may only exercise one of Option Items 0401 (0401AA & 0401AB ) or 0402 (0402AA, 0402AB, 0402 AC, & 0402AD) for Variant 1 and 0403 or 0404 (0404AA & 0404AB) for Variant 2. The Government may exercise combinations of Option Items according to the following tables:
0303 PRODUCTION LLM
CLIN EXERCISED
0401 (0401AA & 0401AB), 0402
(0402AA, 0402AB, 0402AC &
0402AD), 0407 CLINs THAT
MAY BE EXERCISED
TOTAL NUMBER
OF UNITS
NO NOT APPLICABLE 0
YES 0401 (0401AA & 0401AB ), 0407 1
YES 0402 (0402AA, 0402AB,
0402AC, & 0402AD), 0407
0304 PRODUCTION LLM
CLIN EXERCISED
0403, 0404 (0404AA & 0404AB),
0408 CLINs THAT MAY BE
EXERCISED
TOTAL NUMBER
OF UNITS
NO NOT APPLICABLE 0
YES 0403, 0408 1
YES 0404 (0404AA & 0404AB), 0408 2
NOTE F
The Government will only exercise one of Option Items 0401 (0401AA & 0401AB ) or 0402 (0402AA, 0402AB, 0402AC & 0402AD); one of Option Items 0403 or 0404 (0404AA & 0404AB); one of Option Items 0501 or 0502 (0502AA & 0502AB); one of Option Items 0503 or 0504 (0504AA & 0504AB); one of Option Items 0601 or 0602 (0602AA & 0602AB); one of Option Items 0701 or0702 (0702AA & 0702AB); one of Option Items 0703 or 0704 (0704AA & 0704AB); and one of Option Items 0801 or 0802 (0802AA & 0802AB).
NOTE G
EASR Variant 1 and 2 are defined in the Enterprise Air Surveillance Radar (EASR) System Requirements Document (SRD), included as Attachment J-02.
NOTE H
Option Item 0407 may be exercised in conjunction with the first Production unit and will be unilaterally subsumed into CLIN 0303, if CLIN 0303 is exercised. For the CLIN into which CLIN 0407 will be subsumed, the Target Cost, Target Profit, Target Price and Ceiling Price will be adjusted upwards with the CLIN 0407 Section B values.
Option Item 0408 may be exercised in conjunction with the first Production unit and will be unilaterally subsumed into CLIN 0304, if CLIN 0304 is exercised. For the CLIN into which CLIN 0408 will be subsumed, the Target Cost, Target Profit, Target Price and Ceiling Price will be adjusted upwards with the CLIN 0408 Section B values.
NOTE I
The Government will only exercise Option Items 0401 (0401AA & 0401AB ), 0402 (0402AA, 0402AB, 0402AC, & 0402AD), 0501,0502 (0502AA & 0502AB), 0601,0602 (0602AA &
0602AB), 0701,0702 (0702AA & 0702AB), 0801 and 0802 (0802AA & 0802AB) for Variant 1 and 0403, 0404 (0404AA & 0404AB), 0503,0504 (0504AA & 0504AB), 0703 and 0704 (0704AA & 0704AB) for Variant 2 in a combination that will procure ten (10) or fewer Production units of Variant 1 and six (6) or fewer Production units of Variant 2.
PRODUCTION CLIN EXERICISED NUMBER OF PRODUCTION UNITS
PROCURED
Total Units Purchased (NTE 10 of Variant 1 and NTE 6 of Variant 2)
This note will be unilaterally updated by the Contracting Officer upon exercise of any Production options.
NOTE J
For Option Items 0402 (0402AA & 0402AB), 0404 (0404AA & 0404AB), 0502 (0502AA &
0502AB), 0504 (0504AA & 0504AB), 0602 (0602AA & 0602AB), 0702 (0702AA &
0702AB), 0704 (0704AA & 0704AB), and 0802 (0802AA & 0802AB), the Offeror may assume efficiencies across both SLINs. For each CLIN exercised, both SLINs under each Option CLIN will be exercised concurrently.
NOTE K
DETERMINATION OF SCHEDULE INCENTIVE FOR ITEM 0001
A. As part of the CPIF structure for Item 0001, 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 EASR Target Cost and completing CLIN 0001 of the EASR Engineering & Manufacturing Development (EMD) before the delivery date as set forth in Section F.
B. In the event the Contractor underruns the Target Cost, the Contractor may earn a greater share of the underrun, based on the following:
30 – 59 days early successful completion* of CLIN 0001 will result in a unilateral modification to update Section I Clause FAR 52.216-10 underrun share to 40/60, or
60 days or earlier successful completion* of CLIN 0001 will result in a unilateral modification to update Section I Clause FAR 52.216-10 underrun share to 30/70.
*Successful completion of CLIN 0001 is defined as completing the exit criteria defined in the SOW.
If the Government does not fully fund Item 0001 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 EASR effort. In the event of an overrun, no schedule incentive may be earned even if CLIN 0001 is successfully completed 30 days or more earlier than the delivery date specified in Section F.
D. Schedule Incentive Determination Procedures
1. Upon early successful completion of the exit criteria as detailed for Item 0001 in the SOW, the Government will use the first CPR data available in the second accounting period following completion of CLIN 0001 to determine whether the Contractor has underrun the Target Cost of CLIN 0001.
E. The Government’s determination of Schedule Incentive earned is a unilateral decision made solely at the discretion of the Government.
NOTE L
CLIN/SLINs 0003 (0003AA – 0003AH) are for administrative purposes only and are the deliveries in support of CLIN 0001 (except for the final end item that is delivered under CLIN 0001) and are not separately priced.
NOTE M
CLINs 0407 and 0408 - If these options are not exercised in FY20, CLINs 0407 and 0408 may be exercised in FY21 by unilateral modification.
CLINs 0503 and 0504 (CLIN 0504AA & CLIN 0504AB) - If these option are not exercised in FY21, CLINs 0503 and 0504 (CLIN 0504AA & CLIN 0504AB) may be exercised in FY22 by unilateral modification.
CLINs 0703 and 0704 (CLIN 0704AA & CLIN 0704AB) - If these option are not exercised in FY23, CLINs 0703 and 0704 (CLIN 0704AA & CLIN 0704AB) may be exercised in FY24 by unilateral modification.
HQ B-2-0004 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.
Applicable CLINs: 0001, 0101, 0102, 0201, 0202, 0301, 0302, 0303, 0304, 0405, 0406, 0505, 0506, 0507, 0508, 0603, 0604, 0605, 0606, 0705, 0706, 0707, 0708, 0803, 0804, 0805, 0806
HQ B-2-0014 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)
(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 completed at time of award percent ( To be completed at time of 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.
Applicable CLINs: 0001
HQ B-2-0015 PAYMENTS OF FEE(S) (LEVEL OF EFFORT) (NAVSEA) (MAY 1993)
(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 equal to To be completed at time of award percent ( To be completed at time of 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) The fee(s) specified in SECTION B, and payment thereof, is subject to adjustment pursuant to paragraph (g) of the special contract requirement entitled "LEVEL OF EFFORT." If the fee(s) is reduced and the reduced fee(s) 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 final adjusted fee exceeds all fee 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 the "LEVEL OF EFFORT" special contract requirement, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.
Applicable CLINs: 0101, 0201, 0301, 0405, 0505, 0507, 0603, 0605, 0705, 0707, 0803, 0805
HQ B-2-0016 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.
HQ B-2-0023 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
Item Type
0001 CPIF
0006 and all SLINs FFP
0101 CPFF
0102 COST
0201 CPFF
0202 COST
0301 CPFF
0302 COST
0303 COST
0304 COST
0401AA FPIF
0401AB FPIF
0402AA FPIF
0402AB FPIF
0402AC FPIF
0402AD FPIF
0403 FPIF
0404AA FPIF
0404AB FPIF
0405 CPFF
0406 COST
0407 FPIF
0408 FPIF
0501 FPIF
0502AA FPIF
0502AB FPIF
0503 FPIF
0504AA FPIF
0504AB FPIF
0505 CPFF
0506 COST
0507 CPFF
0508 COST
0601 FPIF
0602AA FPIF
0602AB FPIF
0603 CPFF
0604 COST
0605 CPFF
0606 COST
0701 FPIF
0702AA FPIF
0702AB FPIF
0703 FPIF
0704AA FPIF
0704AB FPIF
0705 CPFF
0706 COST
0707 CPFF
0708 COST
0801 FPIF
0802AA FPIF
0802AB FPIF
0803 CPFF
0804 COST
0805 CPFF
0806 COST
Section C - Descriptions and Specifications
SECTION C
CLINs 0001 (inclusive of CLIN 0003 and SubCLINs), and if exercised, Option Items 0303, 0304, 0401 (0401AA & 0401AB), 0402 (0402AA, 0402AB, 0402AC, & 0402AD), 0403, 0404 (0404AA & 0404AB), 0407, 0408, 0501,0502 (0502AA & 0502AB), 0503,0504 (0504AA & 0504AB), 0601,0602 (0602AA & 0602AB), 0701, 0702 (0702AA & 0702AB), 0703, 0704 (0704AA & 0704AB), 0801, 0802 (0802AA & 0802AB) – The Contractor shall perform the work in Attachment J-01, Statement of Work (SOW) for the Enterprise Air Surveillance Radar (EASR) Engineering and Manufacturing Development and Production.
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, C, E, and F, attached hereto.
Option Item 0004 - See Below
Option Item 0006 – For each Item of Technical Data, Computer Software, and Computer Software Documentation in which the Contractor is willing to provide Unlimited or Government Purpose Data Rights pursuant to the DFARS 252.227-7017 Identification and Assertion of Restrictions on the Government’s Use, Release, or Disclosure of Technical Data or Computer Software (herein after referred to as 7017 List) – (Attachment J-08), DFARS 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government (hereinafter referred to as 7028 List) - (Attachment J-09), and Supplemental Information-Noncommercial Technical Data, Noncommercial Computer Software, Noncommercial Computer Software Documentation - (Attachment J-10), the Contractor shall remove or revise markings and legends consistent 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 C, C001.
Option Item(s) 0101, 0201, 0301, 0405, 0505, 0603, 0705, and 0803 - The Contractor shall provide engineering services in support of the EASR system in accordance with NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999) in Section H of the contract. Engineering Studies will include but will not be limited to evaluation of alternate approaches or solutions to maximize achievement of EASR Technical performance. The scope of the engineering studies may also include efforts generally related to but not duplicative of the efforts set forth in Attachment J-1.
Option Item(s) 0507, 0605, 0707, and 0805 - Contractor shall provide engineering services in support of the EASR system in accordance with NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999) in Section H of the contract. Engineering services will include, but are not limited to the following activities: Support for installation and integration of each EASR production unit to be installed at a Government land-based facility or on a ship platform, and developing field engineering services reports.
Option Items 0102, 0202, 0302, 0406, 0506, 0508, 0604, 0606, 0706, 0708, 0804, and 0806 - The Contractor shall be reimbursed for its actual subsistence and transportation costs incurred in the performance of these CLINs and in accordance with the Section C clause entitled “SUPPORT FOR ENGINEERING SERVICES (NAVSEA) (JUN 1992).”
ITEM(S) 0004 - 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.
HQ C-1-0007 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, attached hereto.
HQ C-1-0008 SUPPORT FOR ENGINEERING SERVICES (NAVSEA) (JUN 1992)
(a) The Contractor shall be reimbursed for its reasonable actual subsistence and transportation costs incurred in the performance of the related engineering services item(s) in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.
(b) Overtime shall be performed as required by the using activity and to the extent authorized by the applicable NAVSEA/DRPM/PEO code identified in Section C under Engineering Services.
(c) The maximum liability of the Government for each support item shall not exceed the estimated amount set forth in the Schedule. If, at any time, the Contractor has reason to believe that the costs it expects to incur in the performance of each support item in the next succeeding sixty (60) days, when added to all costs previously incurred, will exceed seventy-five percent (75%) of the amount then set forth in the Schedule; or if, at any time, the Contractor has reason to believe that the costs to the Government for the full performance of each support item will be greater than or substantially less than the amount set forth in the Schedule, the Contractor shall notify the Contracting Officer in writing, giving its revised estimate of such costs for the performance of said item. The Contracting Officer may, upon receipt of such notice or whenever the Contracting Officer considers it necessary, increase or further increase the total estimated amount for the performance of each support item. When and to the extent the estimated amount for a support item has been so increased, any amounts expended or incurred by the Contractor for performance in excess of the estimated amount therefor prior to the increase, shall be paid or reimbursed to the same extent as if expended or incurred after the increase.
Applicable CLINs: 0102, 0202, 0302, 0406, 0506, 0508, 0604, 0606, 0706, 0708, 0804, 0806
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-2-0003 ACCESS TO THE NAVY SUPPLY SYSTEM (NAVSEA) (MAR 2011)
(a) In…
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