15-R-6261_Solicitation_27_Mar_15.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

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G F 137 - 149

150 - 184 X H 185 - 196 michelle.greene@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 1 196

(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 15 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)

MICHELLE GREENE (202) 781-3580

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 65

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

66 - 80 81 - 83

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

84 - 88 89 - 95

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 96 - 100 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 101 - 113 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

114 - 135

PART II - CONTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2050

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

N0002412NR94152

5. DATE ISSUED

27 Mar 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-15-R-6261

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Each

TI16 CAC Engineering Development Model

CPIF

TI16 CAC Engineering Development Model

For SSN 688i and SSGN

Base Year

See Notes B and G

FOB: Origin

PURCHASE REQUEST NUMBER: N0002412NR94152

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

Lot

Travel and Subsistence Support

COST

Travel and Subsistence Support for Item 0001

Estimated Cost: $25,806

See Notes B and C

ESTIMATED COST

Orders

CPIF

Est. Cost: $2,500,000

The Ordering period for this CLIN is for the duration of the contract.

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s).

See Note D

Orders

FFP

Est. Cost: $2,500,000 The Ordering period for this CLIN is for the duration of the contract.

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s).

See Note D

NET AMT

1 LOT

Data Requirements

(NSP) for ITEMS 0001-0004, and (if options are exercised) ITEMS 0101 through

See Note E

NOT SEPARATELY PRICED

The delivery dates are in accordance with applicable CDRL.

FOB: Destination

55,000 Hours

OPTION Engineering and Technical Services

CPIF

Option Year - 1 (FY17)

See Notes A, B, G and H

OPTION Material, Travel and Subsistence Support

COST

Material, Travel and Subsistence Support for Item 0101

Option Year – 1 (FY17)

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s)

See Notes B, C and H

0102AA

OPTION Material (USN)

COST

Material (USN) Support for Item 0101

Option Year 1 (FY17)

Estimated Cost: $782,640

See Notes B, C and H

0102BA

Travel and Subsistence (USN)

COST

Travel and Subsistence (USN) Support for Item 0101

Option Year - 1 (FY17)

Estimated Cost: $86,960

See Notes B, C and H

OPTION TI16 to TI18 EDM Upgrade

CPIF

TI16 to TI18 EDM Upgrade & First Article Test

For SSN 688i and SSGN

Option Year - 1 (FY17)

See Notes B, G and H

CPIF

Engineering and Technical Services

Option Year - 2 (FY18)

See Notes A, B, G and H

Material, Travel and Subsistence Support for Item 0201

Option Year - 2 (FY18)

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s)

See Notes B, C and H

0202AA

Material (USN)

COST

Material (USN) Support for Item 0201

Option Year - 2 (FY18)

Estimated Cost: $798,293

See Notes B, C and H

0202BA

Travel and Subsistence (USN)

COST

Travel and Subsistence (USN) Support for Item 0201

Option Year - 2 (FY18)

Estimated Cost $88,699

See Notes B, C and H

OPTION FY18 TI18 CAC Production

FY18 TI18 CAC Production System for 688I/SSGN

Option Year - 2 (FY18)

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s)

See Notes B, G and H

0203AA

CPIF

First Delivery TI18 CAC System for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AB

CPIF

First Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AC

CPIF

Second Delivery TI18 CAC System for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AD

CPIF

Second Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AE

CPIF

Third Delivery TI18 CAC System for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AF

CPIF

Third Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AG

CPIF

Fourth Delivery TI18 CAC System for 688I/SSGN

Option Year - 2 (FY18)

See Note B, G and H

0203AH

CPIF

Fourth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 2 (FY18)

See Note B, G and H

0203AJ

CPIF

Fifth Delivery TI18 CAC System for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AK

CPIF

Fifth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AL

CPIF

Sixth Delivery TI18 CAC System for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

0203AM

CPIF

Sixth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 2 (FY18)

See Notes B, G and H

CPIF

Engineering and Technical Services

Option Year - 3 (FY19)

See Notes A, B, G and H

Material, Travel and Subsistence Support for Item 0301

Option Year - 3 (FY19)

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s)

See Notes B, C and H

0302AA

COST

Material (USN) Support for Item 0301

Option Year - 3 (FY19)

Estimated Cost: $814,259

See Notes B, C and H

0302BA

OPTION Travel and Subsistence

COST

Travel and Subsistence (USN) Support for Item 0301

Option Year - 3 (FY19)

Estimated Cost: $90,473

See Notes B, C and H

OPTION FY19 TI18 CAC Production

FY19 TI18 CAC Production System for 688I/SSGN

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s).

Option Year - 3 (FY19)

See Notes B, G and H

0303AA

CPIF

First Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AB

CPIF

First Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AC

CPIF

Second Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AD

CPIF

Second Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AE

CPIF

Third Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AF

CPIF

Third Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AG

CPIF

Fourth Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AH

CPIF

Fourth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AJ

CPIF

Fifth Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AK

CPIF

Fifth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AL

CPIF

Sixth Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AM

CPIF

Sixth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AN

CPIF

Seventh Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AP

CPIF

Seventh Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AQ

CPIF

Eighth Delivery TI18 CAC System for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

0303AR

CPIF

Eighth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 3 (FY19)

See Notes B, G and H

55,000 Man Hours

Engineering and Technical Services

Option Year - 4 (FY20)

See Notes A, B, G and H

Material, Travel and Subsistence Support for Item 0401

Option Year - 4 (FY20)

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s)

See Notes B, C and H

0402AA

COST

Material (USN) Support for Item 0401

Option Year - 4 (FY20)

Estimated Cost: $830,544

See Notes B, C and H

0402BA

OPTION Travel and Subsistence (USN)

COST

Travel and Subsistence (USN) Support for Item 0401

Option Year - 4 (FY20)

Estimated Cost: $92,283

See Notes B, C and H

OPTION FY20 TI18 CAC Production

FY20 TI18 CAC Production System for 688I/SSGN

This CLIN is for informational purposes only, and all prices should be at the priced SLIN(s)

Option Year - 4 (FY20)

See Notes B, G and H

0403AA

CPIF

First Delivery TI18 CAC System for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AB

CPIF

First Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AC

CPIF

Second Delivery TI18 CAC System for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AD

CPIF

Second Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AE

CPIF

Third Delivery TI18 CAC System for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AF

CPIF

Third Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AG

CPIF

Fourth Delivery TI18 CAC System for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AH

CPIF

Fourth Delivery TI18 CAC Spare for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AJ

CPIF

Fifth Delivery TI18 CAC System for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AK

CPIF

Fifth Delivery TI18 CAC Spares for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AL

CPIF

Sixth Delivery TI18 CAC System for 688I/SSGN

Option Year - 4 (FY20)

See Notes B, G and H

0403AM

CPIF

Sixth Delivery TI18 CAC Spare for 688I/SSGN

Opton Year - 4 (FY20)

See Notes B, G and H

0403AN

CPIF

Seventh Delivery TI18 CAC System for 688I/SSGN

Opton Year - 4 (FY20)

See Notes B, G and H

0403AP

CPIF

Seventh Delivery TI18 CAC Spare for 688I/SSGN

Opton Year - 4 (FY20)

See Notes B, G and H

ESTABLISHMENT OF TARGET FEE ON ORDERS (Applicable to Item 0003)

Orders placed under this ITEM shall be Cost Plus Incentive Fee. The Target Fee percentage applicable to any negotiated order is hereby established to be:

Min. Fee = No more than 0%;

Target = No more than 8%;

And Max Fee = No more than 10%.

Underrun Ratio = 60/40 Overrun Ratio = 50/50

ESTABLISHMENT OF PROFIT ON ORDERS (Applicable to Item 0004)

Orders placed under this Item shall be Firm Fixed Priced. The Profit percentage applicable to any negotiated order is hereby established to be no more than 12%.

FEE SCHEDULE FOR CPIF ENGINEERING SERVICES ITEMS

FEE SCHEDULE FOR CPIF ENGINEERING SERVICES ITEMS**

ITEM HOURS

TARGET

COST

(TC)*

TC HOURLY

RATE

TARGET

FEE (TF)

TF HOURLY

RATE

TOTAL TARGET

AMOUNT

* - The Target Cost amount shown above includes Cost of Money, however, the Target Fee potential calculation excluded Cost of Money.

** Offeror shall insert the applicable rates in accordance with their offer.

NOTE A

1. The target cost and target fee pool amounts of the contract are set forth in the above table entitled Fee Schedule for CPIF Engineering Services Items. The final target cost and target fee pool amounts shall be based upon the actual level of effort the contractor provides as explained in paragraphs 2 through 5 of this Note A.

2. The final CPIF target cost for (if options are exercised) Items 0101, 0201, 0301, and 0401 shall be determined by multiplying the allowable hours worked, including subcontractor hours, under (if options are exercised) Items 0101, 0201, 0301, and 0401 by the rate/hr in the target cost column including cost of money, of the preceding table. The final CPIF target fee for each Item shall be determined by multiplying the allowable hours worked, including subcontractor hours, under each Item by the rate/hr in the target fee column of the preceding table.

3. The share ratio for the CPIF portion of the fee structure is 60/40 (60% Government/40% Contractor) for underruns and 50/50 for overruns. The minimum fee shall be more than 0%, target fee shall be no more than 8% and the maximum fee shall be no more than 10%. The fee earned under the CPIF portion of the fee structure will be based on the total allowable cost incurred by the contractor in comparison to the final target cost for each of the aforementioned Contract Line Item Numbers (CLINs). See paragraphs 4 and 5 of this Note A and the Incentive Fee clause (FAR 52.216-10) in Section I of this contract for further information on how the target cost and target fee are determined and the fee earned is calculated.

4. The following examples illustrate how the final target cost and target fee amounts for (if options are exercised) Items 0101, 0201, 0301, and 0401 are determined and how the actual fee earned thereof is calculated:

Example 1 – Slight Underrun Actual Hours Worked Not to Exceed Hours Authorized by TIs: 300,000 under CLIN 0101 Actual Cost Incurred: $31,000,000 (including Cost of Money) TC Rate = $110 TF Rate = $8 Share Ratio % = 40%

Final Target Cost: Actual Hours X TC Rate = 300,000 X $110 = $33,000,000 (including Cost of Money) Final Target Fee: Actual Hours X TF Rate = 300,000 X $8 = $2,400,000

Actual Fee Earned under CPIF portion of fee structure for CLIN 0101:

Final Target Fee + (Share Ratio % X (Final Target Cost – Actual Cost Incurred)) = $2,400,000 + (40% X ($33,000,000 - $31,000,000)) = $3,200,000 (Subject to the Minimum and Maximum Fees)

Total Cost plus Fee paid by Government for CLIN 0101:

Actual Cost Incurred + Actual Fee Earned = $31,000,000 + $3,200,000 = $34,200,000

Example 2 – Slight Overrun

Actual Cost Incurred: $34,000,000 (including Cost of Money) TC Rate = $110 TF Rate = $8 Share Ratio % = 50%

Final Target Cost: Actual Hours X TC Rate = 300,000 X $110 = $33,000,000 (including Cost of Money) Final Target Fee: Actual Hours X TF Rate = 300,000 X $8 = $2,400,000

Actual Fee Earned under CPIF portion of fee structure for CLIN 0101:

Final Target Fee + (Share Ratio % X (Final Target Cost – Actual Cost Incurred)) = $2,400,000 + (50% X ($33,000,000 - $34,000,000)) = $1,900,000 (Subject to the Minimum and Maximum Fees)

Actual Cost Incurred + Actual Fee Earned = $34,000,000 + $1,900,000 = $35,900,000

Example 3 – Big Overrun

Actual Cost Incurred: $37,000,000 (including Cost of Money) TC Rate = $110 TF Rate = $8 Share Ratio % = 50%

Final Target Cost: Actual Hours X TC Rate = 300,000 X $110 = $33,000,000 (including Cost of Money) Final Target Fee: Actual Hours X TF Rate = 300,000 X $8 = $2,400,000

Actual Fee Earned under CPIF portion of fee structure for CLIN 0101:

Final Target Fee + (Share Ratio % X (Final Target Cost – Actual Cost Incurred)) = $2,400,000 + (50% X ($33,000,000 - $37,000,000)) = $400,000 (Subject to the Minimum and Maximum Fees)

Actual Cost Incurred + Actual Fee Earned = $37,000,000 + $400,000 = 37,400,000

5. Separate Target Fee pools have been established for (if options are exercised) Items 0101, 0201, 0301, and 0401.

Accordingly, the cost performance on one (or more) of the Items in the above table cannot be used by the Contractor to offset the cost performance on one or more of the other CLINs in the above table. For example, if the contractor underruns Item 0101, this underrun cannot be used by the Contractor to offset an overrun on Item 0201.

NOTE B - Subline Items identifying funding appropriation, FY designation, and Program Office customer will be assigned at the time of contract award, Option exercise and/or allotment of funds.

NOTE C - The Government will provide the amount for Support Items, including the distribution between material, travel, and subsistence, but the Contractor shall differentiate between the different burden rates (which will be used to evaluate these items). The Government will fund these items as needed during contract performance.

Subsistence, travel and incidental material costs incurred by the Contractor during the performance of this contract will be reimbursed at cost only. Incidental material shall include all hardware, software and other material needed to maintain or upgrade the Contractor ’s development, integration and test facilities to enable the Contractor to perform under the Engineering Services efforts for the duration of the contract.

NOTE D – The Contractor shall furnish the supplies and services when ordered by the Contracting Officer in accordance with the terms and conditions set forth in the Order.

NOTE E – This line item is Not Separately Priced (NSP).

NOTE F – N/A

NOTE G – N/A

NOTE H – Option Item to which the option clause in Section I entitled “OPTION TO EXTEND THE TERM OF THE CONTRACT” applies and which is to be supplied only if and to the extent said Option is exercised.

NOTE I - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data Requirements List(s), attached hereto.

LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)

“Applicable To CLINs: (IF OPTIONS ARE EXERCISED) 0101, 0102, 0201, 0202, 0301, 0302, 0401, 0402

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.

CLAUSES INCORPORATED BY FULL TEXT

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-2-0015 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 no more than ten percent ( 10% ) 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.

HQ B-2-0015 PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010) “Applicable to (if options are exercised) ITEMS 0101, 0201, 0301, and 0401”

(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) (CDRL A010) 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.

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(s) Type

0001, 0003, 0101, 0103, 0201, 0203, 0301, 0303, 0401, and 0403 CPIF

0002, 0102, 0202, 302, and 0402 COST

0005 NSP

0004 FFP

Section C - Descriptions and Specifications

TI16 COMMON ACOUSTIC CABINET (CAC) ENGINEERING DEVELOPMENT MODEL (EDM): ITEM 0001

The Contractor shall use the Government furnished enclosure to modify, develop, and build the CAC TI-16 EDM System in accordance with the requirements of Attachment 2, Exhibit A, and Attachment 3. The Contractor shall participate in the A-RCI Technology Insertion (TI) Integrated Product Team (IPT). The Contractor shall produce one EDM configuration capable of supporting Fat-Line Towed Bodies (TB-16/34) and Thin-Line Towed Bodies (TB-23/29/29A) on SSN 688I and SSGN726 Class Submarines.

ORDERS (CPIF): ITEM 0003

The contractor shall furnish CPIF supplies under items specified in Section B of the Schedule in accordance with the detailed specifications or requirements set forth in orders issued by the Contracting Officer in accordance with the special contract requirement(s) of this contract entitled “ORDERS”. The Government reserves the right to order supplies which meet its requirement by means other than this contractual vehicle.

ORDERS (FFP): ITEM 0004

The contractor shall furnish FFP supplies under items specified in Section B of the Schedule in accordance with the detailed specifications or requirements set forth in orders issued by the Contracting Officer in accordance with the special contract requirement(s) of this contract entitled “ORDERS”. The Government reserves the right to order supplies which meet its requirement by means other than this contractual vehicle.

DATA REQUIREMENTS (NAVSEA) (SEP 1992): ITEM 0005

The data to be furnished hereunder shall be prepared by the Contractor in accordance with the Contract Data Requirements List, DD Form 1423, Exhibits A, attached hereto.

ENGINEERING SERVICES (NAVSEA) (APR 2004): (IF OPTIONS ARE EXERCISED) ITEMS 0101, 0201, 0301, AND 0401

The Contractor shall provide engineering services and associated materials for the Program Executive Office (PEO) Submarines, PMS401 Program Office in accordance with Attachment 2. These services shall include but are not limited to the design, development, integration, delivery, testing, logistics support, and associated program management of products for the upgrade and/or replacement of existing cabinets and Engineering Development

Models (EDMs). Included are manufacturing prototypes, engineering changes and retrofit kits, and Full Rate Production (FRP) systems; the repair and refurbishment of the CAC systems and related equipment and data. The general objectives of these efforts shall be the development of common systems and/or common elements or components which meet the performance requirements of the various platforms, where commonality offers the greatest cost and technical benefits. All work accomplished under these Contract Line Item Numbers (CLINs) shall be done in accordance with Technical Instructions (TIs) issued from the Procuring Contracting Officer (PCO) or the Contracting Officer's Representative (COR), identified in Section G.

(a) The Contractor shall provide qualified engineer to:

a. Perform engineering services tasks related to CAC and/or post-acceptance EDM. These services shall include but are not limited to modification, integration and checkout, test and evaluation, training, repairs, installation, inspection, technical issues resolution, trade studies, engineering change development, documentation, and logistics analyses.

b. Identify and incorporate software and hardware enhancements using emerging technologies, when feasible.

(b) The Contractor is responsible for the adequacy and accuracy of the system design to ensure the design meets the requirements specified by the applicable Technical Instructions.

(c) Under these CLINs, the Contractor will accumulate costs incurred by the prime contractor for all direct and indirect (1) labor costs for engineering services and support; (2) Subcontracts; (3) Consultants; (4) materials; (5) travel.

(d) For purposes of this requirement, the following definitions apply:

(1) "Domestic services" means services rendered within the United States (U.S.) and/or on Navy vessels in ports within the U.S. or at sea, provided the vessel does not enter port outside the U.S.

(2) "Foreign services" means services other than domestic.

(3) "United States" means the United States, its possessions, Puerto Rico, and any other place subject to its jurisdiction, but does not include leased bases or trust territories.

(4) "Man day" means the services of one engineer for one day of eight hours, Monday through Friday (excluding holidays).

(5) "Holidays" means all Federally recognized holidays.

(e) The engineering services shall be performed within the limits, if any, as to place(s) and period(s) specified therefor, as authorized by the Contracting Officer’s Representative (COR) in Section G.

(f) When authorized under paragraph (e) above, each engineer shall perform engineering services in accordance with supplemental instructions provided by the Contract Administration Office (CAO) cognizant of vessel construction/conversion contract, a representative of the authorizing activity or a representative of the activity where the engineering services are performed, as applicable. However, each engineer shall not be considered an employee of the Government.

(g) Travel time necessary for performance of such services shall be included in computing the man days of service.

When services are performed at sea and the engineer(s) is unable to leave the vessel when work is completed, the remaining time aboard the vessel shall be considered travel time for purposes of computing the man days of services. However, the Contractor shall be paid for no more than one man day of service per calendar day for each engineer while in travel status.

(h) Passports, visas, inoculations and other medical requirements necessary for performance of engineering services shall be at the sole responsibility and expense of the Contractor.

(i) Each time services are performed, the engineer(s) shall obtain a certification of performance from a responsible U.S. Government official aboard the vessel or at the activity where the services were performed, citing tasks satisfactorily performed and hours worked each day.

(j) The maximum liability of the Government for each engineering services item shall not exceed the amount set forth in the Schedule, or the amount obligated whichever is less. If, at any time, the Contractor has reason to believe that the amounts it expects to incur in the performance of each engineering services item in the next succeeding sixty

(60) days, when added to all amounts 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 man days and/or amount for the full performance of each engineering services item will be greater than or substantially less than that set forth in the Schedule, the Contractor shall notify the Contracting Officer in writing, giving its revised estimate of the man days and/or amount for the performance of said item. The Contractor shall not exceed the obligated amount for each engineering services item, unless and until such amount has been increased in writing by the Contracting Officer.

(k) In the event the Government does not designate time(s) and place(s) sufficient for performance of the total quantity of engineering services set forth in the Schedule within the period(s) provided therefor, those services not furnished shall be deemed to be terminated for the convenience of the Government at no cost to the Government.

Such termination shall be evidenced by a written document signed by the Contracting Officer and mailed or otherwise furnished to the contractor.

MATERIAL, TRAVEL AND SUBSISTENCE SUPPORT: ITEM 0002 AND (IF OPTIONS ARE EXERCISED)

ITEMS 0102, 0202, 0302, AND 0402

The Contractor shall provide materials and supplies necessary for the completion of Technical Instructions (TIs) issued in accordance with the Special Contract Requirement entitled "Technical Instructions" within the Government’s estimated amount. The Contractor shall be reimbursed for actual, allowable and allocable costs less any discounts taken, plus applicable burdens, incurred in the performance of these items.

TI-16 TO TI-18 EDM UPGRADE & FIRST ARTICLE TEST: (IF OPTIONS ARE EXERCISED) ITEM 0103

The Contractor shall use the GFE TI-16 EDM to upgrade and deliver the EDM to be consistent with the TI-18 baseline from the A-RCI TI IPT and in accordance with Attachment 2, Exhibits A, and Attachment 3. The Contractor shall participate in the A-RCI TI IPT. The Contractor shall produce one EDM Upgrade configuration capable of supporting Fat-Line Towed Bodies (TB 16/34) and Thin-Line Towed Bodies (TB-23/29/29A) on SSN 688I and SSGN726 Class Submarines.

The delivery and acceptance of the EDM Upgrade shall be contingent on successful completion of qualification and acceptance testing. The Contractor shall notify the Government one week prior to start of any test event during First Article Testing. In the event that First Article is disapproved by the Government, the Contractor is responsible for redesign, rework, retest, and replacement if necessary as required at no additional cost to the Government per FAR Clause 52.209-3, and FAR 52.209-3 Alt I. The First Article unit shall meet or exceed the performance and environmental requirements of the Attachment 3. The data to be furnished hereunder shall be prepared by the

Contractor in accordance with CDRL A00S (First Article Qualification Test Plan and Procedures) and CDRL A00U (Test/Inspection Report).

The TI16 to TI18 EDM Upgrade approved under this Item shall serve as the TI18 production design baseline for the SSN 688i and SSGN Class Submarines.

TI-18 (CAC) SYSTEMS FOR SSN 688I and SSGN: (IF OPTIONS ARE EXERCISED) ITEMS 0203AA, 0203AC, 0203AE, 0203AG, 0203AJ, 0203AL, 0303AA, 0303AC, 0303AE, 0303AG, 0303AJ, 0303AL, 0303AN, 0303AQ, 0403AA, 0403AC, 0403AE, 0403AG, 0403AJ, 0403AL, AND 0403AN

The Contractor shall produce one configuration of the CAC unit capable of supporting Fat-Line Towed Bodies (TB- 16/34) and Thin-Line Towed Bodies (TB-23/29/29a) on SSN 688I and SSGN726 Class Submarines. The CAC production units shall meet the requirements Attachment 2, Exhibits A, and Attachment 3. The delivery and acceptance of the CAC production units shall be contingent on successful completion of the Final Acceptance Test.

The Contractor shall procure, build, test and deliver the supplies and/or services necessary to the items identified in Section B. This is to include but not limited to the following:

a. Production kits.

b. The CAC and drawers must be wired and connectorized in a manner which facilitates minimal effort to upgrade a CAC. To the maximum extent possible, connectors should not need to be replaced, nor should backpanels need to be rewired to upgrade a CAC.

The contractor shall support production units for data management, contract management, business financial management, program management, and quality assurance.

The Contractor shall integrate contractor furnished hardware/software with the Government furnished enclosure identified in Attachments 6 and 7. The Contractor shall use the Government furnished materials for the purposes of developing and integrating changes to the baseline. The Contractor shall deliver revised documentation to identify changes to baseline configurations.

The Contractor shall incorporate hardware enhancements using emerging technologies, when feasible. When engineering changes are incorporated into production units, the Contractor is required to conduct Design Verification Tests and supportability analysis and provide updated source data to support the enhancements, as identified in the Attachment 2. The Contractor shall identify and incorporate Technology Insertion (TI) modifications into the CAC product consistent with the Technology Insertion baseline from the A-RCI TI IPT. The availability of these fully documented TI baselines shall support the required production and delivery of these Technology Insertion systems.

TI-18 CAC SPARES FOR SSN 688I and SSGN: (IF OPTIONS ARE EXERCISED) ITEMS 0203AB, 0203AD, 0203AF, 0203AH, 0203AK, 0203AM, 0303AB, 0303AD, 0303AF, 0303AH, 0303AK, 0303AM, 0303AP, 0303AR, 0403AB, 0403AD, 0403AF, 0403AH, 0403AK, 0403AM, AND 0403AP

Spares shall be identified by Performance Based Logistics (PBL) and the TIGER model prediction. The Contractor shall perform TIGER model prediction for a NAVY Sheltered environment (as approved by NAVSEA) to define the spares complement for the proposed design. The Contractor shall build, test, and deliver CAC spares. System performance shall be greater than or equal to the requirements identified in the Attachment 3.

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, CDRL A010 attached hereto.

HQ C-1-0008 SUPPORT FOR ENGINEERING SERVICES (NAVSEA) (JUN 1992)

Applicable to ITEM 0002 AND (IF OPTIONS ARE EXERCISED) ITEMS 0102, 0202, 0302 AND 0402

(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.

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…