RFP_N00104-13-R-BE05.pdf

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AMENDMENT 0002 N00104-13-R-BE05 VACUUM FILL EQUIPMENT
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N0010413RBE05
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~~~FORMATION

1. SOLIC I TAl UMBER 2. (XoM)

TO OFFEk RS OR QUOTERS N00104-13-R-BE05 a. SEALED BID

X b . NEGOTIATED (RFP)

SECTION A - COVER SHEET 12198-0062

c. NEGOTIATED (RFQ)

INSTRUCTIONS

NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT

RESULTING FROM THIS SOLICITATION.

You are cautioned to note the "Certification of Non- Segregated Fac ili ties" in the sol ic itation. Failure to agree to the cer t i f ication will render your reply nonresponsive to the terms o f solicitations involving awards of contracts exceeding $25,000 which are not ex empt f rom the provisions of the Equal Opportunity clause.

"Fill - ins" are provided on the face and reverse of Standard Form 18 and Parts I and IV o f Standard Form 33, or other solic itation documents and Sections of Table of Contents in this solicitat ion and should be examined for appl icab ility.

See the provision of this solicitation entitled "Late Bids, Modif icat ions of Bids or Withdrawal of Bids" or "Late Proposals, Modificat ions of Proposals and Withdrawals of Proposals."

When submitting your reply,the envelope used must be plainly marked with the Solicitation Number, as shown above and the date and local time set forth for bid opening or receipt of proposals in the sol icitation document.

If NO RESPONSE is to be submitted, detach this sheet from the solicitation, complete the information requested on reverse, fold, affi x postage, and mail. NO ENVELOPE IS NECESSARY.

Repl ies must set forth full, accurate, and complete information as required by this solic itat ion (includingattachments). The penalty for mak ing false statements is prescribed in 18 U.S.C. 1 00 1.

3 . ISSUING OFFICE (Complete mailing address, including Zip Code)

NAVSUP WEAPON SYSTEMS SUPPORT MECH

5450 CARLISLE PIKE

P 0 BOX 2020

MECHANICSBURG PA 17055- 0788

4. ITEMS TO BE PURCHASED (Brief description)

SEE SCHEDULE

5 PROCUREMENT INFORMATION (X and complete as applicable)

a. THIS PROCUREMENT IS UNRESTRICTED

* b . THIS PROCUREMENT IS A % SET- ASIDE FOR ONE OF THE FOLLOWING (XoM). (See SectionL of the Table of Contents in this solicitation for details of the set-aside.)

I <1) Small Bus iness I I (2) Labor Surplus A r ea Concerns I I (3) Combined Small Bus iness/Labor A re a Concern s

6 . ADDITIONAL INFORMATION

* THIS PROCUREMENT IS 100% SET-ASIDE FOR SMALL BUSINESSES

NOTE: IT IS THE POLICY OF THE DOD TO MAXIMIZE THE NUMBER OF SMALL AND

DISADVANTAGED (SOB) CONCERNS PARTICIPATING IN DEFENSE PRIME AND SUBCONTRACTS.

IT IS REQUIRED THAT PRIME CONTRACTORS' SUBCONTRACT PLANS, WHEN REQUIRED

BY THE SOLICITATION, REFLECT A SOB GOAL OF 5% OR GREATER .

NOTE THE CLAUSE 52.232-25 ENTITLED "PROMPT PAYMENT' IN THE SOLICITATION.

7. POINT OF CONTACT FOR INFORMATION

a. NAME (Last, First, Middle I nititll) b. ADDRESS (Include Zip Code)

A. GRAFF 87321.19

c. TELEPHONE NUMBER (Include A rea Code and Extensicn) (NO COLLECT CALLS)

NAVSUP WEAPON SYSTEMS SUPPORT MECH

(717) 605-1859 MECHANICSBURG PA 17055-0788

DD Form 1707, MAR 89

Prevwus edtttons are obsolete . 461 /089

Typed or Printed Name (Last, First, Middle Initial)

DD Form 1707 Reverse, MAR 89

Title

b. ADDRESS (INCLUDE ZIP CODE)

(3) Signature (4) Date Signed

(YYMMDD)

FOLD FOLD ------------------------------------------------------------------------------

FROM

SOLICITATION NUMBER

N00104-13-R-BE05

DATE trrMMDDI

12 DEC 10 I

LOCAL TIME

05:00 P.M.

TO

NAVAL INVENTORY CONTROL POINT

MECHANICSBURG

CONT.DPT(CD 02S), BLDG 410, BAY B-29

5450 CARLISLE PIKE, P 0 BOX 2020

MECHANICSBURG, PA 17055-0788

AFFIX

STAMP

HERE

SOLICITATION, OFFER

,.r' I 1. THIS CO NTRA CT IS A RATED ORDER

AND AWARD UNDER DPAS (15 CFR 700)

~I RATING

DO-A3

JPAGE OF

11 56 PA GES

2. CONTRACT NO. 3. SOLICITATION NO . 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO.

D SEALED BID (IFB)

N00104-13-R-BE05 [i] NEGOTIATED (RFP) 12 NOV 09 12198-0062

7. ISSUED BY CODE I N00104 8. ADDRESS OFFER TO (If other than Item 7)

NAVSUP WEAPON SYSTEMS SUPPORT MECH NAVAL INVENTORY CONTROL POINT-

5450 CARLISLE PIKE MECHANICSBURG

P 0 BOX 2020 CONT.DPT(CD 02S ) , BLDG 410 , BAY B-29

MECHANICSBURG PA 17055-0788 5450 CARLISLE PIKE , P 0 BOX 2020

MECHANICSBURG, PA 17055-0788

NOTE: In seal ed bid solicitat ions " offer " and " offeror ": mean " b i d" and " bidder" .

SOLICITATION

9. Sea led offer s in o r igina l and cop ies fo r f urni shing t he suppli es or servi ces in t he Schedu le w i ll b e re ce ived at t he pl ace spec i f ied in Item 8, or i f handcarr ied, i n the depos i t ory located in BLDG.410,SOUTH END, CODE 02S , BAY B-29 unt i l 05:00PM loca l time 12 DEC 10 (Hour) (Date)

CA UTION - LATE Submi ssi ons, Modi f i cati ons, and W ithdraw a l s: See Sect ion L, Provi s ion No. 5 2.2 14 - 7 o r 5 2.215- 1. A ll offers are subj ect t o a ll te rm s and condi t ions conta ined in t hi s solici tati on.

10. FOR INFORMATION Ill... A. NAME

CALL ~ A. GRAFF 87321.19

1 1 TABLE OF CONTENTS

B. TELEPHONE NO. (Includearea code) (NOCOLLECTCALLS) (717 ) 605-1859

(./~SEC. DESCRIPTION PAGE(S) (v > SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLI C ITATI ON/CONTRA CT FORM 1 X I CONTRACT CLAUSES 19

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PA RT III - LIST OF DOCUMENTS. EX HIBITS A ND OTHER A TTACH 1\ c DESCR I PT I ON /SPECS./WORK STATEM ENT ~ 1\

J Ll ST OF ATTACHMENTS

X D PACKAGING AND MARKI NG 5 PART IV - REPRESENTAT I ONS AND INSTRUCTIONS

X E INSPECT I ON AND ACCEPTANCE 9

REPRESENTA TIONS, CERTIFICAT IONS A ND

K OTHER STATEMENTS OF OFFERORS v F DELI VERIES OR PERFORMANCE i'> v '>'>

X G CONTRA CT ADMINISTRATION DATA 16 X L INSTRS., CONDS., A ND NOT I CES T O OFFERORS 47 X 17 X 55

H SPECI A L CONTRACT REQUIREMENTS M EVA LUAT I ON FACTORS FOR AWARD

OFFER( Mus t be fu lly c omp l eted by of f ef'of' ) NOTE: Item 12 does not appl y if t he sol ic i tat ion inc ludes t he provi si ons at 5 2.214-16. Minimum B i d Acceptance Per iod.

12. In compli ance wi t h t he above, t he unders igned agrees, if t hi s offer is acc epted w ith in calendar days (60 calen<Wrooysunless a different periodi3insertedbytheofferor)from t he date for recei pt o f offers spec ifi ed above, t o f urnish any o r al l items upon w h ich pri ces are offer ed at t he pr ice set opposite each item, de livered at t he designat ed po int (s), with in t he ti m e specifi ed in t he schedule.

13. DISCOUNT FOR PROMPT PAY MENT

10 CA LENDAR DAYS 120 CALENDAR DAYS 30 CALENDAR DAY S J CALENDAR DAYS

(S ee S ection I, Clause N o. 52 - 232-8)

14. A CKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related doc-uments numbered and dated:

15A. NAME CODE I I FACILITY I 16. NAME AND T ITLE OF PERSON AUTHORIZED TO SIGN OFFER

AND (TYPE OR PRINT)

A DDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Includearea I 15C. CHECK IF REMITTANCE ADDRESS 17. S I GNATURE 18. OFFER DA TE code) D IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE

AWARD To be c omoleted bv Gov ef'nmen t )

19. ACCEPTED AS TO ITEMS NUMBERED 20. A MOUNT 2 1. ACCOUNTING AND APPROPRIATION

22. AUTHORI TY FOR USI NG OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVO ICES TO A DDRESS SHOWN IN ~ITEM D 10 U.S.C. 2304(c)( ) D 41 U.S. C. 253(c)( ) (4 copies unless otherwi3e specified)

24. ADMIN ISTERED BY (If other than Item 7) CODE I 25. PAY MENT WILL BE MADE BY CODE

26. NA ME OF CONTR A CTING OFF ICER (Typeorprint) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will b e m ade on t hi s Form, o r on Standard Form 26, or by ot her aut hor i zed offici a l wri tten notice.

NSN 7540 - 01-152 - 8064 33 - 132

PREVIOUS EDITION NOT USABLE

STANDARD FORM 33 (REV. 4 -85)

Pre scr ibed by GSA FAR I4A r.FRI !\~ . ? 141d

• • REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

CONTINUATION SHEET N00104-13-R-BE05 2

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SECTION B • SUPPLIES OR SERVICES AND PRICES/COSTS QUANTITY UNIT UNIT PRICE

0001 NSN 7HH 5340-01-510-0299 X5

0001AA

0001AB

VACUUM FILL EQUPMNT SHELF LIFE 0-00

SEE TECHNICAL REQUIREMENTS IN SECTIONS C, D, E, AND ATTACHME~TS

HM QUP ICQ PMT CD PM WM CUD CT UC LP IC UCL SP ~K PACK UNIT FKWT LNIT PKCU OP

N 001 000 ZZ Z ZZ ZZ ZZ Z ZZ A 00 0 17 EQQ 0.0 4.889 A

SUP PKG: ZZ=CLEAN AND PKG PE IRPOD

PACKAGING IS IN ACCORDANCE WITH MIL-STD-2073

packaging,packing per mi1-prf-23199/1 greenpo1v bag requirec.

SHIP TO

N00104-12-X-C476 N00251 18 EA

TP: 3

SEE DD FORM 1423 1 LO NSP

EXHIBIT 11 A11

SOLICITATION NOTES:

********SOLICITATION NOTES**********

IN ORDER FOR YOUR OFFER TO BE CONSIDERED YOU MU)T SUBMIT THE ENTIFE RFP

COMPLETED AND SIGNED PRIOR TO THE CLOSING DATE/ IME LISTED Ot THE RFP. NECO

OFFERS WILL NOT BE ACCEPTED.

TO REQUEST A COPY OF THE SOLICITATION, CONTACT HE CONTRACTitG OFFICER LISTED

AND PROVIDE YOUR CAGE CODE.

INSPECTION AT ORIGIN

ACCEPTANCE AT ORIGIN

POC FAX: (71 7) 605-1569

POC EMAIL: ANGELINE.GRAFF@NAVY.MIL

PAGES

AMOUNT

NAVSUPWSSBA09

N00104-13-R-BE05

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

IMPORTANT NOTICE REGARDING HAZARDOUS MATERIAL (OCT 2006)

FAR clause 52.223-3, Hazardous Material Identification and Material Safety Data, is incorporated by reference in Section I in this solicitation ad required offerors to--

{1} identify any hazardous material {defined in FED STD 313 as an item or chemical which is a "health or physical hazard" per OSHA in 29 CFR 1910.1200) that will be delivered under a resultant contract, and

(2) provide a Material Safety Data Sheet meeting OSHA/FED STD 313 requirements for all hazardous material identified.

While not an all-inclusive listing of hazardous material, at a m1n1mum, any it em with a four-digit Federal Supply Code (FSC}, which correlates to the first four positions of the National Stock Number (NSN), of 6810, 6820 , 6830, 6840, 6850, 7930, 8010, 8030, 8040, 9110, 9135, 9140, 9150, or 9160 is considered hazardous material and requires submission of a Material Safety Data Sheet or an appropriate representation that there is no hazardous material contained in the item.

Failure to provide the required information and documentation may render you ineligible for award. If you have questions about whether a solicited item is classified as hazardous, contact the NAVSUP WSS HAZMAT point of contact, NAVSUP WSS Code 0772, at (717)605-1361.

CLIN: 0001

NIIN : 015100299

ITEM NAME: VACUUM FILL EQUPMNT

1. SCOPE

PART I - THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ACTIVITY USE ONLY: TOP VERSION NO.: 004

1.1 In the event of a conflict between section "C" and section "0" of the contract/purchase order, Section "C" will take precedence.

2. APPLICABLE DOCUMENTS

2.1 Applicable Documents;

TECHNICAL DOCUMENTS ASSOCIATED TO THIS SOLICITATION OR AWARD SUCH AS; IRPOD, DRAWINGS,TECHNICAL DATA, STRs, AS WELL AS CERTAIN MILITARY SPECIFICATIONS, AND COMMERCIAL ITEM DESCRIPTIONS (CID) ETC. MAY BE OBTAINED AT (HTTPS://LOGISTICS.BPMIONLINE.NET/ECOMMERCE/DEFAULT.ASP.) THESE DOCUMENTS, AT THE REQUIRED REVISION LEVELS THAT ARE ASSOCIATED TO EITHER THIS SOLICITATION OR AWARD, BECOME A PART OF THIS SOLICITATION OR AWARD UNLESS CHANGED BY AN

ADMENDMENT TO THE SOLICITATION OR MODIFICATION TO THE AWARD.

THIS WEBSITE REQUIRES A PASSWORD AND PRE-REGISTRATION. TO OBTAIN INSTRUCTION ON HOW TO REGISTER AND OBTAIN A PASSWORD

CONTACT THE BPMI WEBSITE ADMINISTRATOR.

2.2 NOT RELEASABLE TO FOREIGN NATIONALS (NOFORN) DISTRIBUTION STATEMENT- DRAWINGS, SPECIFICATION, OR RELATED TECHNICAL DOCUMENTS AS CITED IN THE IRPOD ARE SUBJECT TO SPECIAL EXPORT CONTROLS AND EACH TRANSMITTAL TO FOREIGN GOVERN MENTS OR FOREIGN NATIONALS MAY BE MADE ONLY WITH PRIOR APPROVAL OF THE NAVAL SEA SYSTEMS COMMAND.

3. REQUIREMENTS

3.1 NAVICP-MECH CODE87 ADDITIONAL TECHNICAL DOCUMENTATION

ORDER OF PRECEDENCE AND EFFECTIVE ISSUES OF CITED DOCUMENTATION DATED: JULY 2004

A. ORDER OF PRECEDENCE FOR DOCUMENT CONFLICT RESOLUTION: THE TECHNICAL AND QUALITY REQUIREMENTS APPLICABLE TO MANUFACTURE OF THE MATERIAL BEING PURCHASED UNDER THIS ORDER ARE CONTAINED OR INVOKED IN ONE OR MORE OF THE DOCUMENTS LISTED BELOW. IN THE EVENT OF ANY INCONSISTENCIES BETWEEN ANY PROVISIONS OF THIS ORDER, THE ORDER OR PRECEDENCE

SHALL BE AS FOLLOWS:

1. AMENDMENTS TO THE PURCHASE ORDER/CONTRACT

N00104-13-R-BEOS PAGE 4 OF 56

2. SCHEDULE OF SUPPLIES OF THE PURCHASE ORDER/CONTRACT.

3. TERMS AND CONDITIONS OF THE PURCHASE ORDER/CONTRACT.

4. INDIVIDUAL REPAIR PART ORDERING DATA (IRPOD); OR MASTER PROCUREMENT SPECIFICATION, AS APPLICABLE.

5. ANY INVOKED STANDARD TECHNICAL REQUIREMENTS (STRS).

6. DRAWINGS REFERENCED IN THE IRPOD, OR MASTER PROCUREMENT SPECIFICATION , AS APPLICABLE.

7. SPECIFICATIONS REFERENCED IN THE IRPOD, MASTER PROCUREMENT SPECIFICATIONS OR DRAWING(S), AS APPLICABLE.

B. EFFECTIVE ISSUES OF CITED DRAWINGS, SPECIFICATIONS, STANDARDS AND OTHER DOCUMENTS :

1. THE CONTRACTOR SHALL COMPLY WITH THE SPECIFIED REVISIONS OF THE DOCUMENTS (I.E.

DRAWINGS,SPECIFICATIONS,STANDARDS AND OTHER DOCUMENTS) CITED IN THE IRPOD AND/OR PROCUREMENT SPECIFICATION CONTAINED HEREIN. THE CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FOR THE CONTRACTING OFFICER TO USE DOCUMENT REVISIONS OTHER THAN THOSE SPECIFIED. WHEN A LATER DRAWING REVISION IS SUBMITTED FOR APPROVAL, TWO FULL SIZE CLEAR LEGIBLE PRINTS SHALL BE

PROVIDED.

2. WHERE DOCUMENTS ARE REFERRED TO ONLY BY THE BASIC IDENTIFICATION NAME OR NUMBER AND NO SPECIFIC REVISION THERETO, THE CONTRACTOR USE OF ANY ISSUE OF THE DOCUMENT EXCEPT ALL SUCH REVISIONS SHALL BE DATED 1 NOVEMBER 1969 OR

LATER.

C. USE OF DOCUMENT REVISIONS IN THEIR ENTIRETY:

1. CONTRACTORS SHALL USE REVISIONS TO EACH CITED OR REFERENCED DOCUMENT IN ITS ENTIRETY UNLESS THE CONTRACTOR OBTAINS CONTRACTING OFFICER APPROVAL TO DO OTHERWISE (i.e. THE CONTRACTOR SHALL NOT USE PORTIONS OF DIFFERENT REVISIONS OF A

DOCUMENT).

D. VENDOR WAIVER/DEVIATIONS ON CRITICAL CONTRACTS.

1. COMPLIANCE WITH THE DELIVERY DATE AND TECHNICAL REQUIREMENTS OF NAVICP CRITICAL REPAIR PART MATERIAL CONTRACTS IS

EXPECTED.

2. AS THE CAUTIONARY NOTE CONTAINED IN THE CONTRACT STATES, SELLER INTENDED USE OF ANY MATERIAL WHICH IS NOT IN FULL COMPLIANCE WITH THE SPECIFIED CONTRACT TECHNICAL REQUIREMENTS, SHOULD BE IDENTIFIED AS AN EXCEPTION IN ADVANCE EITHER

AT THE TIME THE QUOTATION IS SUBMITTED OR PRIOR TO MANUFACTURE.

3. REQUESTS FOR DELIVERY DATE EXTENSIONS AND WAIVERS/DEVIATIONS SHOULD BE ACCOMPANIED BY AN EXPLANATION OF THE CAUSE FOR THE DELAY, OR THE REASON FOR THE REQUESTED NON-CONFORMANCE WITH AN OFFER OF CONSIDERATION IN THE EVENT THE

CONTRACTING OFFICER CONCURS WITH YOUR REQUEST.

4. REQUESTS FOR WAIVERS/DEVIATIONS SHOULD PROVIDE JUSTIFICATION FOR THE REQUESTED CHANGE INCLUDING AN EVALUATION WHICH DEMONSTRATES THAT PROPOSED NON-CONFORMANCE WILL NOT AFFECT THE QUALITY, FORM, FIT, OR FUNCTION OF THE PART.

WHERE A PROPOSED ALTERNATE OR REPLACEMENT ITEM IS OFFERED, SUPPORTING TECHNICAL DATA (CATALOG PAGE, DRAWING (S), ETC.) THAT FULLY DESCRIBE THE PROPOSED ITEM SHALL BE PROVIDED FOR TECHNICAL EVALUATION.

5. REQUESTS WHICH DO NOT CONTAIN THE ABOVE INFORMATION WILL BE RETURNED AND WILL NOT BE SUBMITTED TO

TECHNICAL/ENGINEERING REVIEW UNTIL SUFFICIENT JUSTIFICATION IS PROVIDED.

6. REQUESTS FOR WAIVERS/DEVIATIONS SHALL BE PRESENTED TO THE GOVERNMENT QUALITY ASSURANCE REPRESENTATIVE {QAR) FOR COMMENT. THE QAR SHALL FORWARD THE REQUEST, WITH THEIR COMMENTS, DIRECTLY TO THE POST AWARD PCO IDENTIFIED IN THE

CONTRACT/PURCHASE ORDER WITHIN FIVE WORKING DAYS AFTER RECEIPT.

E. EXCLUSION OF MERCURY

1. MERCURY OR MERCURY CONTAINING COMPOUNDS SHALL NOT BE INTENTIONALLY ADDED TO OR COME IN DIRECT CONTACT WITH

HARDWARE OR SUPPLIES UNDER THIS CONTRACT.

252.211-7005

SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005)

(a) Definition. "SPI process," as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.

(b) Offerors are encouraged to propose SPI processes i n lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at:

http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).

N00104-13-R-BE05 PAGE 5 OF 56

252.211-7005 (CONT)

SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005)

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall

(1} Identify the specific military or Federal specification or standard for which the SPI process has been accepted;

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;

(3) Identify the contract line i tems, subline items, components, or elements affected by the SPI process ;

and

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph {b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

{d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process)

SPI Process:

Facility:

Military or Federal Specification or Standard:

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain , prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror:

(1) May submit the information required by paragraph (d) of th i s clause to the Contracting Officer prior to submission of an offer; but

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.

CLIN: 0001

NIIN: 015100299

ITEM NAME: VACUUM FILL EQUPMNT

5. PACKAGING

PART I - THE SCHEDULE

SECTION D

PACKAGING AND MARKING

ACTIVITY USE ONLY: TOP VERSION NO.: 004

5 . 1 Preservation, Packaging, Packing and Mark i ng- Preservation, Packaging, Packing and Marking shall be in accordance with the Contract/Purchase Order Schedule and as specified below.

MIL-STD 2073 PACKAGING APPLIES AS FOUND ELSEWHERE IN THE SCHEDULE

NAVSUPWSSDA01

DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION INCORPORATED

BY REFERENCE (~UN 2011)

DFARS 252.211-7003 (JUN 2011) is hereby incorporated by reference into this contract with the same force and effect as if it were given in full text.

Implementation of the Unique Item Identifier (UID) marking requirement of this clause will be accomplished via contract modification.

NAVSUPWSSDA01 (CONT)

DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION INCORPORATED

BY REFERENCE (~UN 2011)

Pricing and accounting for costs associated with UID will be consistent with applicable requirements. Requirements for valuation will be passed along to subcontractors.

Costs associated with engineering or drawing updates or similar issues shall not be included or funded in NAVSUP WSS contracts. Contractor implementation of the UID marking requirement under this contract will begin following an OSD approval of the Program Office implementation plan that includes updated technical specifications detailing how the item i s to be marked .

At such time , the Contractor may be required to provide a plan outlining how this requirement will be implemented.

For planning purposes, development of specific marking requirements will be based on MIL- STD-130M (or later, as in effect on the date of the contract award) criteria. As part of the plan, the contractor may be required to, for example, identify all parts with MIL-STD-130 identification plates, how parts with such plates will be marked and how items without such plates will be marked. Configuration management provisions of this contract apply to UID requirements .

252.211-7006

PASSIVE RADIO FREQUENCY IDENTIFICATION (SEP 2011)

This clause is incorporated by reference with the same force and effect as if i t were given i n full text. The clause is applicable to individual cases and palletized units loads for the shipment of items in the supply classes and to the locations identified in DFARS 211 . 275-2.

NAVSUPWSSDA07

PRESERVATION, PACKING AND MARKING (~AN 2012)

The contractor shall preserve, pack and mark all items as cited below.

1. PRESERVATION REQUIREMENTS

a. SYSTEM STOCK SHIPMENTS- The contractor shall preserve all items intended to enter the military distribution system (stock) in accordance with the MIL-STD-2073-1E, "Standard Practice for Military Packaging", Packaging Requ i rements Code specified in the Schedule . When a Specialized Preservation Code/Method of Preservation (MOP)(Table J-Ia) is invoked, and one or more of the following packaging fields (WM, CUD , CT , UC) value is a 00 (numeric), the Specialized Preservation/MOP procedure and materials takes precedence . Disregard "HM" and "LP" fieldsand replace "SPMK 99" with "OO"(numberc). Contractor can access https : //tarp.navsisa.navy.mil for code interpretation.

b. IMMEDIATE USE/INSTALLATION AND PART NUMBER BUY SHIPMENTS- Government (PCO/ACO) approval is required for al l items determined to be for immediateuse (e.g. CASREP, AOG, or Repair line stoppage) . Any national stock numbered ( NSN) item required for immediate use ordirect installation, or part number item (authority granted to ship withoutNSN) shall be preserved and packed in accordance with ASTM D 3951-10, "Standard Practice for Commercial Packaging", for all shipments to a Continental United States (CONUS) government activity or contractor-owned facility. Marking shall be i n accordance with MIL-STD-129P, "Military Markingfor Shipment and Storage." All buys destined for overseas shipment (OCONUS) shall be preserved in accordance with MIL-STD-2073-1E .

2. PACKING REQUIREMENTS- The contractor shall pack as follows. Exterior shipping containers for Packing Levels A and B are detailed in MIL-STD-2073-1E , Appendix C, Table C. II. Reusable containers , fast pack containers or wood containers are shipping containers and do not require overpacking for shipment.

Domestic Shipments (CONUS) :

Overseas Shipments (OCONUS) Via air, FPO, APO Via freight forwarder Via surface

Level B including Navy ships at sea):

Level B Level B Level A

3. MARKING REQUIREMENTS - All unit, intermediate and shipping containers shall be marked in accordance with MIL-STD-129P . In addition, the following specific requirements apply:

a . ADDITIONAL MARKING FOR SPARES ONLY -Each MIL-STD-129P label shall also include the following:

1) Supplementary Procurement Instrument Identification Number (SPIIN) - the 4-digit order number that follows the basic BOA or long- term contact number (e.g. 0001, A001, 5001, 7001 , etc.),

2) Contract Line Item Number (CLIN) - the 4-digit individual line item number (e.g. 0001, 0002, etc) , and

3) SubCLIN- the 6-digit sub line item number (e .g . 0001AA, 0001AB, 0002AA, 0002AB, etc).

b. 2D BAR CODE MILITARY SHIPPING LABEL (MSL) - 2D bar code requirements in accordance with MIL-STD-129P, N00104-13-R-BE05 PAGE 7 OF 56

NAVSUPWSSDA07 (CONT)

PRESERVATION, PACKING AND MARKING (~AN 2012)

Paragraph 4.2.2.6

c. RADIO FREQUENCY IDENTIFICATION (RFID) LABEL - RFID requirements in accordance with clause DFARS 252.211- 7006 "Passive Radio Frequency Identification ."

d. DEPOT LEVEL REPAIRABLE (DLR) LABELS

1. Items identified with Cognizant Code of either "7" or and even number preceding the NSN, (e.g. 7RH

5826-01-428-9999) are defined as a DLR items .. DLR items require that a DLR label to be placed on the outside of the unit, the intermediate and the shipping container for accountability and control purposes . The outside of each unit, intermediate and shipping container shall be affixed with the applicable label as close to the bar code label as possible.

EXCEPTION: When a DLR item requires use of both a reusable INNER unit container and a resuable OUTER shipping and storage container (excluding wood and fiberboard), only the INNER unit container shall be affixed with a DLR label.

In these cases only, DLR labels shall NOT be placed on the OUTER reusable container.

2. Labels are available via the Naval Forms Online website http://navalforms.daps.dla.mil. The website will advise the procedures for ordering and establishing an account. When searching for the DLR label, the following procedure should be followed:

a . Click on "Forms" tab

b. Cick on "Keyword Search"

c. Under "Search Criteria", type in "DLR"

d. Under "Type" click on picture of box (Warehouse Form Link)

e. Follow the applicable instructions (New Account, Current Account or Continue Shopping)

NSN DESCRIPTION PACKAGE

0108LF5055300 DLR Label 100 2 in. x 3 in.

0108LF5055000 DLR Label 100 3 in. x 5 in.

APPLICATION

Unit Container

Intermediate/ Shipping Container

FORM NUMBER

NAVSUP 1397-1

NAVSUP 1397

Labels may also be obtained by faxing a copy of the contract page containing the DLR label requirement to 215-697-2424.

e. SPECIAL MATERIAL IDENTIFICATION CODE (SMIC)(UNIQUE TO NAVSUP WEASPON SYSTEMS SUPPORT, MECHANICSBURG SITE, MARITIME REQIREMENTS)

1. Certain Program-related items are identified by a two-position SMIC, which appears as a suffix to the NSN (e.g. 1H4730-00-900-1317 L1), and require special markings . Containers shall be marked with letters, maximum two inches high on two (2) sides and two (2) ends as follows:

SMIC

L1

S1

MARKINGS

LEVEL 1

SURFACE

LEVEL 1

COLOR

RED

RED

D41D51D7 Dss-soc RED

C1* shipping (size permitting)

LEVEL 1 SPECIAL

CLEAN 02-N2

CP/VG• SPECIAL CLEAN

02-N2

DO/D6/D8* DSS-SOC SPEICAL

CLEAN 02-N2

VU FBW SFCC VU

(size permitting)

GREEN

GREEN

GREEN

BLUE

TYPE CONTAINER

Unit, intermediate and shipping (size permitting)

Unit, intermediate and shipping (size permitting)

Unit, intermediate and

Unit, intermediate and shipping

Unit, intermediate and shipping

Unit, intermediate and shipping

Unit, intermediate and shipping

N00104-13-R-BEOS PAGE 8 OF 56

NAVSUPWSSDA07 (CONT)

PRESERVATION, PACKING AND MARKING (~AN 2012)

SW FBW SFCC SW BLUE Unit, intermediate and shipping (size permitting)

----------------------------------------------------------------------------- Q3/Q5 Unit , intermediate and shipping

• denotes Oxygen Clean requirements in accordance with MIL-STD-1330

LEVEL 1

"Precision Cleaning and Testing of Shipboard Oxygen, Helium, Helium-Oxygen, Nitrogen , and Hydrogen Systems."

RED

4. PALLETIZATION. Palletization of shipments shall be accomplished in accordance with MIL-STD-147E "DoD Standard Practice: Pallet i zed Unit Loads."

5. UNITED NATIONS (UN), INTERNATIONAL PLANT PROTECTION COMMISSION (IPPC) RESTRICTIONS REGARDING WOOD PACKAGING

MATERIAL (WPM)

In accordance with the requirements of International Standards for Phytosantiarty Measures (ISPM) 15 "Guidelines for Regulating Wood Packaging Material in International Trade," approved by the Interim Commission on Phytosanitary Measures of the IPPC Convention on 14 Mar 2002 https://www.ippc.int/ and imposed by the United Nations (UN), and in accordance with DoD Manual 4140.01.65 "Compliance for DefensePackaging : Phytosanitary Requirements for Wood Packaging Material (WPM)," thefollowing commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids , load boards, pallet collars , wooden boxes , reels , dunnage, crates , frames , and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard , veener and oriented strand board . All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp . Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the po i nt of entry, possible causing unacceptable delay in delivery of needed parts.

6. NAVY SHELF LIFE PROGRAM

Navy shelf-life requirements are listed under the item description in a 3-digit alpha/numeric code. Position one (1) is the DOD shelf-life code , defining the type of shelf-life for an item (Type I, non-extendible or Type II, extendible), and the number of months an item can remain ready for issue in a Navy specified package. Positions two

(2) and three (3) combined form the Navy-unique shelf-life action codes used by storage activities, and do not impose any requirements on the contractor. The contractor shall use the applicable shelf-life paragraphs and table in MIL-STD-129P to apply either Type I or Type II shelf-life mark i ngs for an item's unit , intermediate and shipping containers. Contractors will ensure that at least eighty-five percent (85%) of the Navy shelf-life requirement is remaining when received by the first government activity .

7. REUSABLE NSN CONTAINERS

An item that has an NSN assigned in the "Container NSN" field (e.g. 8145012622982) requires shipment in a metal or plast i c reusable shipping and storage container .

a. REUSABLE CONTAINERS FOR NAVSUP WEAPONS SYSTEMS SUPPORT, MECHANICSBURG SITE, MARITIME REQUIRMENTS Reusable NSN containers for MARITIME material (designated by a Cognizant Code of "7E", "7G" and "7H" ) shall be provided as CONTRACTOR-FURNISHED MATERIAL (CFM) . Source lists of container manufacturers may be obtained by contacting 215-697-5842.

b. REUSABLE CONTAINERS FOR NAVSUP WEAPON SYSTEMS SUPPORT, PHILADELPHIA SITE, AVIATION REQUIREMENTS Reusable NSN containers (excluding wood and fiberboard) for AVIATION material (designated by a Cognizant Code of "7R","6K" or "OR") shall be provided as GOVERNMENT-FURNISHEDMATERIAL (GFM). Fast Pack containers WILL NOT be provided as GFM . To obtain GFM reusable containers , the contractor must first obtain a Container Request Form either from https://tarp.navsisa.navy .mil/container or by contacting 215-697-5842 , the fax the completed form to 215-697-1405/3850 at least 90 days prior to the anticipated shipping date (monthly for repair contracts). If the Navy's Container Management Area (CMA) informs the contractor that containers are unavailable, the following alternate packaging requirements apply.

Under no circumstances will the unavailability of reusable containers be an excusable delivery delay. Unit packs shall be designed to conserve weight and cube while retaining the protection required and enhancing standardization.

ALTERNATE PACKAGING REQUIREMENTS FOR

ITEMS ASSIGNED THE FOLLOWING CONTAINERS:

NAVSUPWSSDA07 (CONT)

PRESERVATION, PACKING AND MARKING (~AN 2012)

Container

NIIN

00-260-9548 00-260-9556 00-260- 9559 00-260-9562 01-012-4088 01-014-0440 01-164-4073

01-262-2982 01- 262-2983 01-262- 2984 01-262-2985 01-262-2986 01-262-2987

01-262-2988

Container Part Number (80132)

P069-2 P069-1 P069-3 P069-4 P069-6 P069-5 P069-7

15450-100 15450-200 15450-300 15450-400 15450-500 15450-600

15450-700

Alternate Packaging Code lAW MIL-STD- 2073-1E

GX10000LTBEC

(QUP 001)

(ICQ = 000)

DW100K3GHFED

(QUP 001)

(ICQ = 000)

DW100K3GHFDR

(QUP 001)

(ICQ = 000)

All excess empty reusable shipp i ng and storage containers shall be turned-in to the nearest Container Reuse and Refurbishment Center (CRRC) . CRRC locations/points of contact can be found at https://tarp.navsisa.navy.mi l/crrc or by contacting 215-697- 2063.

8 . REUSABLE NSN CONTAINERS FOR FOREIGN MILITARY SALES (FMS) , JPO, AND OTHER FOREIGN FORCES ACQUISITION

a. Reusable shipping and storage containers shall be prov i ded as CONTRACTOR-FURNISHED MATERIAL (CFM) , unless otherwise specified.

b. Contractors may tender offers includ i ng alternate , non- reusable , packaging methods and be considered responsive.

9. MATERIAL SAFETY DATA SHEETS

If the subject solicitation contains clauses FAR 52.223-3 "Hazardous Material Identification and Material Safety Data" and DFARS 252.223-7001 "Hazard Warning Labels " the offeror is required to list any hazardous material to be delivered under the resultant contract by the submission of Material Safety Data Sheets (MSDSs) to the NAVSUP Weapon Systems Support Contracting Officer prior to award . A copy must also be provided to NAVSUP Weapon Systems Support, Code 0772, P.O . Box 2020, 5450 Carlisle Pike , Mechanicsburg, PA 1 7055- 0788 or via FAX numbe r 717-605-3480.

CLIN: 0001

NIIN: 015100299

ITEM NAME: VACUUM FILL EQUPMNT

4. QUALITY ASSURANCE

PART I - THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

ACTIVITY USE ONLY : TOP VERSION NO.: 004

4.1 The Quality Assurance requirements are located in the INDIVIDUAL REPAIR PART ORDERING DATA (IRPOD).

The contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies herein.

Records of all inspection work by the Contractor shall be kept complete and available to the Government during the performance of this contract and for such longer periods as may be spec i fied elsewhere in the contract .

52.246-16

RESPONSIBILITY FOR SUPPLIES (APR 1984)

52.246-2 (IBR)

INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

This clause is incorporated by reference with the same force and effect as if it were given in full text .

N00104-13-R-BE05 PAGE 10 OF 56

52.246-2 (IBR) (CONT)

INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

< > Alternate I (JUL 1985) applies when a fixed-price incentive contract is contemplated.

( < > ) Alternate II (JUL 1985) applies when a fixed-ceiling-price contract with retroactive price redetermination is contemplated

52.246-2 (TXT)

INSPECTION OF SUPPLIES -- FIXED PRICE (AUG 1996)

(a) Definition . "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products , and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluation as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work . The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifially set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements . The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However , the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

N00104-13-R-BE05 PAGE 11 OF 56

52.246-2 (TXT) (CONT)

INSPECTION OF SUPPLIES -- FIXED PRICE (AUG 1996)

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the

Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promplty as practicable after delivery, unless otherwise provided in the contract. Goverment failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspection and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud , or as otherwise provided in the contract.

(1) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor.

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

( < > ) Alternate I (Jul 1985). If a fixed-price incentive contract is contemplated, substitute paragraphs (g), (h), and (1) below for paragraphs (g), (h), and (1) of the basic clause.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction i n place, promptly after notice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, in the total final negotiated cost fixed under the incentive price revision clause. However, replacements or corrections by the Contractor after the establishment of the total final price shall be at no increase in the total final price.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by t contracto or otherwisse, remove, replace, or correct the supplies and equitably reduce the target price or, if established, the total final price or

(2) may terminate the contract for default.

Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the

Contracting Officer may require their delivery and equitably reduce any target price or, if it is established, the total final contract price. Failure to agree upon an equitable price reduction shall be a dispute.

(1) If acceptance is not conclusive for any of the reasons in paragrapn (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in any target price or, if it is established, the total final price of this contract, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in any target price, or, if it is established, the total final price of this contract, if the Contractor fails to meet such delivery schedule; or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the total final price as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transporation costs from the origial point of delivery to the Contractor's plant and return to the original point

N00104-13-R-BE05 PAGE 12 OF 56

52.246-2 (TXT) (CONT)

INSPECTION OF SUPPLIES -- FIXED PRICE (AUG 1996)

when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure , the Government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce any target price or, if it is established, the total final price of this contract.

( < > ) Alternate II (JUL 1985). If a fixed-ceiling-price contract with retroactive price redetermination is contemplated, substitute paragraphs (g), (h), and (1) below for paragraphs (g), (h) , and (1) of the basic clause:

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction i n place, promptly after notice . The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred , when redetermining the prices under the price redetermination clause. However, replacements or corrections by the Contractor after the establishment of the redetermined prices shall be at no increase in the redetermined price.

(h) If the Contractor fails to promptly remove , replace , or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise , remove, replace , or correct the supplies and equitably reduce the initial contract prices or, if established , the redetermined contract prices or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule . the

Contracting Officer may require their delivery and equitably reduce the initial contract price or, if it is established , the redetermined contract prices. Failure to agree upon an equitable price reduction shall be a dispute.

(1) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof , the Government, in addition to any other rights and remedies provided by law , or under other prov i sions of this contract , shall have the right to require the Contractor

(1) at no increase in the initial contract prices, or, if it is established , the redetermined prices of this contract, to correct or replace the defective or nonconforming supplies at the original point of delinery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a resonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in the initial contract prices, or , if it is established, the redetermined prices of this contract, if the Contractor fails to meet such delivery schedule; or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance , to repay such portion of the initial contract prices, or , if it is established , the redetermined prices of this contract , as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce the initial contract prices, or, if it is established , the redetermined prices of this contract .

NAVSUPWSSEA04

INSPECTION AND ACCEPTANCE - SHORT VERSION (JUN 2002)

Supplies furnished hereunder shall be inspected at ( <x> ) contractor's and/or subcontractor's plant or ( < > ) destination. Acceptance shall be at ( <x> ) contractor's and/or subcontractor's plant or ( < > ) destination.

Manufacturing Site < >

Address < >

If supplies will be packaged at a location different from the offeror address indicated on the solicitation, the offeror shall provide the name and street address of the packaging location :

Packaging House < >

Address < >

52.247-48

PART I - THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

F. O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

NAVSUPWSSFA01

NOTICE REGARDING F.O.B. POINT (MAY 2002)

Offers/Bids submitted on an F.O.B. basis other than that required by the Solicitation either (a) shall be rejected as non-responsive or (b) may be rejected as unacceptable. The Contracting Officer must specify (a) or (b) in this space: ( <b> ).

52.211-17

DELIVERY OF EXCESS QUANTITIES (SEP 1989)

52.211-8

TIME OF DELIVERY (JUNE 1997)

(a) The Government requires delivery to be made according to the following schedule :

Required Delivery Schedule Within Days

Item No. Quantity After Date of Contract

<0001> <18> <340>

The Government will…

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