FINAL Solicitation N0017420R0151 MK85 MOTOR TUBES.docx

N0017420R0151

Section B - Supplies or Services and Prices

ADDITIONAL INFORMATION

Note: The Government requires stepladder pricing in the following format for CLINS 0004, 0006, 0008 and 0010

STEPLADDER PRICING

STEPLADDER PRICING

The minimum guarantee for this contract is 150 units.

MK-85 MOTOR TUBE

FFP

First Article - MK85 Motor Tube in accordance with the Statement of Work (SOW) and Drawings.

FOB: Destination

NET AMT

PRODUCTION QTY - MK85 MOTOR TUBE

Production QTY (Base Year) In accordance with SOW and drawings.

NET AMT

CDRL-MK85 Motor Tube

Contract Data Requirements List (CDRLs) (Base Year) In accordance with A0001, A0002, A0003, A0004, A0005 and the SOW.

NET AMT

Each

FFP

(Option 1) Production QTY In accordance with the SOW/drawings and Section B note.

NET AMT

FFP

Contract Data Requirements List (CDRLs) (Option 1) In accordance with A0001, A0002, A0003, A0004, A0005 and the SOW.

NET AMT

Each

FFP

(Option 2) Production QTY In accordance with the SOW/drawings and Section B note.

NET AMT

FFP

Contract Data Requirements List (CDRLs) (Option 2) In accordance with A0001, A0002, A0003, A0004, A0005 and the SOW.

NET AMT

Each

FFP

(Option 3) Production QTY In accordance with the SOW/drawings and Section B note.

NET AMT

FFP

Contract Data Requirements List (CDRLs) (Option 2) In accordance with A0001, A0002, A0003, A0004, A0005 and the SOW.

NET AMT

Each

FFP

(Option 4) Production QTY In accordance with the SOW/drawings and Section B note.

NET AMT

FFP

Contract Data Requirements List (CDRLs) (Option 2) In accordance with A0001, A0002, A0003, A0004, A0005 and the SOW.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work for MK 85 Motor Tubes Long-Term Contract Procurement

1.0 INTRODUCTION

This Statement of Work (SOW) establishes and defines the requirements for fabrication, test, inspection, and shipment of MK 85 Motor Tubes, drawing number 1638AS301.

1.1 SCOPE

The MK 85 Motor Tube is an item designed as a container for the wiring, the ignition, the propellant, and the nozzle of a rocket motor. The tube is made of aluminum alloy 7075-T6 or T651. The motor tube must be manufactured in accordance to the technical data package. The requirements of the drawing must be met.

The contractor(s) who is awarded the contract will purchase the material, fabricate, perform in-process inspection, acceptance tests, and package motor tubes. The schedule below specifies a desired delivery of 48 weeks for first article and 48 weeks for production quantities. If no contractor can make that schedule, this may be a multi-award contract.

1.2 APPLICABLE DOCUMENTS

* Copies of Government documents are available online at http://quicksearch.dla.mil/ or from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094

2.0 REQUIREMENTS

2.1 MANUFACTURE, INSPECT, & SHIPMENT REQUIREMENTS

This section discusses the requirements for manufacture, inspection, and shipment/delivery of motor tubes. It is required to send a first article sample of 10 motor tubes to NSWC before full production of tubes at the quantities specified in the matrix below. If parts are inspected and rejected by NSWC IHOEDTD, the vendor is liable for re-inspection costs.

2.1.1 Motor Tubes

2.1.1.1 Motor Tube Manufacturing Process

The contractor shall manufacture the integral bulkhead motor tube using an impact extrusion or flow forming process.

2.1.1.2 Surface Finish

The contractor shall finish all motor tubes surfaces IAW the finish requirements of Drawing 1638AS301.

2.1.1.3 Hydrostatic Test

The contractor shall hydrostatically test each motor tube per Note 10 of 1638AS301. The motor tube must not have any leakage, pressure drop, or permanent deformation as called out in Note 10 after the hydrostatic test is completed.

2.1.1.4 Dimensional Analysis

The Contractor shall perform a dimensional analysis. The analysis shall occur after the hydrostatic test and before the chemical conversion coat as per Note 12 of Drawing 1638AS301. Actual measured dimensions for the two critical, and a sampling plan measurement of the 24 major and all minor characteristics shall be listed on a copy of a Final Inspection Plan (CDRL A001) as developed by the contractor.

A quantity of Motor Tubes shall be manufactured in accordance with drawing 30003-1638AS301 No Rev according to the delivery schedule below.

Motor Tube Quantity Matrix 150 to 249

250 to 349

350 to 449

450 to 550

2.1.2 Certification and Dimensional Inspection

The contractor shall provide a Certification of Analysis in accordance with CDRL A002 to drawing and specifications to NSWC IHEODTD for each delivery.

2.1.3 Lot Numbering

The contractor shall assign and mark each delivery with a Lot number per MIL-STD-1168. The appropriate lot number shall be listed on each certification of analysis.

2.1.4 Packaging

The contractor shall package the motor tubes horizontally in a cardboard box. Each box should contain seven motor tubes. Up to seven boxes should be on a single pallet. Each pallet shall be permanently labeled with: “MK 85 Mod 0 Motor Hardware”, drawing number with revision, item description or component part name, manufacturer name, contract number, lot number per MIL-STD-1168, quantity per palette, and weight. Pallet of components shall be stretched wrapped on pallets to commercial standards. Total pallet height is not to exceed 72 inches.

2.1.5 Number of Motor Tube Lots per CLIN

All motor tubes delivered per contract line item number (CLIN) shall be manufactured as a single production lot.

2.2 DOCUMENTATION

The contractor shall provide the documentation as specified by the attached Contract Data Requirements List DD 1423.

2.2.1 Requests for Variance

The contractor shall prepare requests for variations as necessary to request proposed changes to the specified engineering requirements or to document the as-built configuration. Request for variations are a deliverable per CDRL A003.

2.2.2 Quality Assurance Program Plan

A Quality Assurance Program Plan shall be written and submitted by the contractor. This document shall address all aspects of production, testing, and inspection as called out in the technical data package and this statement of work. This document shall be submitted within 30 days of contract award. All production, inspection, and testing shall adhere to the requirements of this document. If any changes are made to the Quality Assurance Program Plan during the use of this contract, the contractor shall notify NSWC/IHD in writing of these changes. Changes to the Quality Assurance Program Plan could result in the necessity of additional first article testing. This additional first article sample and test series shall be at the vendor’s expense. The Quality Assurance Program plan is a deliverable per CDRL A004.

2.2.3 Progress Reports

The contractor shall submit monthly progress reports to the Contracting Officer and the Technical POC. These reports shall be the vehicle where by the Navy may be appraised as to work accomplished, work remaining, key personnel changes, milestone achievement, quality problems, raw material procurement schedules, tooling plans, and potential design changes. This report cycle starts on the award date of the contract and continues until the contract is completed. Progress reports are deliverables per CDRL A005.

2.3 FIRST ARTICLE TESTING

The contractor must submit ten (10) First Article Test Units (1638AS301) for evaluation. The First Article submission shall be performed after contract award and prior to production. The units submitted shall be production representative. This means that the first articles shall be manufactured and processed using the same materials, processes and procedures that will be used during full-scale production. If at any time, a first article test unit fails to meet the requirements of Drawing 1638AS301, applicable specifications, SOW, and/or contract, the first article lot submission will be rejected without further testing.

2.3.1 First Article Approval

The Government will conduct all first article approval testing and will relay test results to contractor within 30 calendar days after receipt of the first article test units. Once the First Article of an item is approved/accepted, the Contractor shall not change sub-contractors without prior approval from the Government.

First Article Test Results

The contractor shall perform a visual inspection on each first article units submitted. The inspection will be used to identify scratches, dents, paint chips, peeling paint, and any anomalous conditions. This inspection by itself will not be used to disposition the first article submission.

2.3.2.2 Dimensional Inspection

A dimensional inspection will be conducted by Receipt Inspection on each first article submitted. The inspection will measure the two critical, 23 major, and all minor characteristics per drawing 1638AS300. Failure to meet any critical, major, or minor dimensional characteristic will result in the rejection of the first article lot.

2.3.2.3 Salt-Fog Test

A salt-fog test will be conducted on five of the ten first article test units after completion of Steps 2.3.2.1, 2.3.2.2, and 2.3.2.4 by the Government. This inspection will test for corrosion after exposure to 196 hours of an aqueous salt solution and a 24-hour drying period in accordance with MIL-STD-810G, Change Notice 1, Method 509.6. The visual inspection of Section 2.3.1 will be repeated after the salt fog testing. A motor tube will fail this test if the chemical conversion coating or paint blisters, peels, flakes, or otherwise shows any sign of corrosion. Failure to meet corrosion resistance requirement will result in the rejection of the first article lot.

2.3.2.4 Hydrostatic Pressure Test

A hydrostatic pressure test will be performed on all five of the first article units by the Government. This test will subject each motor tube to 3,500 50 psig for a minimum of 30 seconds. Evidence of leakage, pressure drop, or permanent deformation during this test will result in the rejection of the first article lot.

2.4 Production Work

2.4.1 Testing of Aluminum Alloy

If a change in aluminum alloy manufacturer is made from previous production work, all first-article testing called out in Section 2.3 shall be performed by the contractor and at the contractor’s expense. All first-article test results shall be submitted to the procuring activity for acceptance before production can start.

2.4.2 Certificates of Analysis

The contractor shall provide a lot acceptance test report and certificates of analysis summarizing all the data collected per the document provided in Section 2.3.2 (First Article). The dimensional attributes for the two critical for all motor tubes and a sampling plan for the dimensional attributes of the 24 major and all minor characteristics shall be included in the test report. These reports are a deliverable per CDRL A002.

3.0 QUALITY ASSURANCE PROVISIONS

3.0.1 Responsibility for Inspection

Unless otherwise specified in the contract, the contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified, the contractor may utilize his own facilities or any commercial laboratory acceptable to the Government. The Government reserves the right to perform any of the inspections set forth in the specifications or drawings. The test procedures called out in drawing 1638AS301 or this statement of work are the standards by which all testing shall be performed.

3.0.2 Government Inspection of Facilities

The Government, through any authorized representative, may visit the plant or plants of the contractor or of any subcontractors engaged in the performance of this contract.

If the Government on the premises of the contractor/subcontractor makes any examination/test, the contractor shall provide and require subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. All examinations and tests by the Government shall be performed in such a manner as will not unduly delay work.

Production motor tube inspection/acceptance will be made at Indian Head.

4.0 DELIVERABLES

Documentation deliverables as specified herein shall be delivered to the Production Point of Contact, for arrangement of review and approval/acceptance:

Deliverables

CDRL A001 Final Inspection Plan

CLAUSES INCORPORATED BY FULL TEXT

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

(End of text)

C-209-H002 FIRST ARTICLE (GOVERNMENT TESTING) (NAVSEA) (OCT 2018)

(a) The First Article shall conform in every respect to the requirements of this contract. The First Article shall be manufactured with tools, materials, and methods which are the same as the tools, material and methods which will be used to manufacture the production units. All items delivered under the contract shall be manufactured under the same conditions and quality established by the First Article. Any changes to tools, material, or methods after the first article approval shall be documented by the contractor and approved by the Contracting Officer before they are used. The First Article shall not be delivered for first article approval tests as provided for in the clause of this contract entitled "First Article Approval--Government Testing" (FAR 52.209-4) until after the Contractor has fully tested it, at its expense, to determine compliance with said requirements.

(b) The Contractor shall make a record of all data obtained during such tests in a form similar to the guidance provided in MIL-HDBK-831A.

(c) Pursuant to paragraph (e) of the clause entitled "First Article Approval--Government Testing", the First Article shall not be delivered as part of the production quantity.

C-209-H003 WAIVER OF FIRST ARTICLE REQUIREMENTS (NAVSEA) (OCT 2018)

If the First Article is waived by the Government, the Contractor shall deliver supplies that are identical or substantially identical to those previously accepted by the Government under the following contract(s):

(Offeror to fill in contract number(s), as applicable. See Section M)

(End of Text)

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

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

TBDC-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with the detailed obligations to which the Contractor committed itself in Proposal TBD dated TBD in response to Solicitation No. N00174-20-R-0151.

(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following "the specifications" in the order of precedence.

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A0001 through A0005, attached hereto.

C-227-H008 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (NAVSEA) (DEC 2018)

(a) The contractor shall actively participate in the Government Industry Data Exchange Program in accordance with the GIDEP Operations Manual, S0300-BT-PRO-010. The contractor shall submit information concerning critical or major nonconformances, as defined in FAR 46.407/DFARS 246.407, to the GIDEP information system.

(b) The contractor shall insert paragraph (a) of this clause in any subcontract when deemed necessary. When so inserted, the word "contractor" shall be changed to "subcontractor."

(c) The contractor shall, when it elects not to insert paragraph (a) in a subcontract, provide the subcontractor any GIDEP data which may be pertinent to items of its manufacture and verify that the subcontractor utilizes any such data.

(d) The contractor shall, whether it elects to insert paragraph (a) in a subcontract or not, verify that the subcontractor utilizes and provides feedback on any GIDEP data that may be pertinent to items of its manufacture."

(e) GIDEP materials, software and information are available without charge from:

GIDEP Operations Center P.O. Box 8000 Corona, CA 92878-8000 Phone: (951) 898-3207

FAX: (951) 898-3250

Internet: http://www.gidep.org

C-242-H001 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (OCT 2018)

(a) As part of the negotiated fixed price or total estimated amount of this contract, 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 $1,000 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.

C-246-H002 GOVERNMENT USE OF CONTRACTOR’S INSPECTION EQUIPMENT (NAVSEA) (OCT 2018)

The contractor's gages, measuring, and testing devices shall be made available to the Government when required to determine contractor conformance with contract requirements. If conditions warrant, the contractor’s personnel shall be made available for operation of such devices and for verification of their accuracy and condition.

C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.

(End of text)

Section D - Packaging and Marking

D-211-H005 IDENTIFICATION MARKING OF PARTS – ALTERNATE I (NAVSEA) (OCT 2018)

(a) For all parts not subject to the marking requirements in DFARS 252.211-7003 – Item Unique Identification and Valuation, marking shall be accomplished in accordance with the following:

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

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

(i) Electrical Parts - that is, all parts in electrical equipment and electrical parts when used in equipment which are not electrical in nature (e.g., electric controls and motors in a hydraulic system) - shall be identified and marked in accordance with MIL-STD-1285D(2) dated 22 June 2018, or, where MIL-STD-1285D(2) does not cover such a part, in accordance with MIL-STD-130N(1) dated 16 November 2012. Requirements of MIL-STD-1686C dated 25 October 1995 for Electrostatic Discharge Control shall be addressed.

(ii) Electronic Parts - that is, all parts in electronic equipment and electronic parts when used in equipment which are not electronic in nature (e.g., electronic fuel controls in some engines) - shall be identified and marked in accordance with Requirement 67 of MIL-HDBK-454B dated 15 April 2007 with Notice 1 dated 12 December 2012. Requirements of MIL-STD-1686C for Electrostatic Discharge Control shall be addressed.

(iii) Parts other than electrical or electronic parts (as described above) shall be identified and marked in accordance with MIL-STD-130N(1).

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

E-246-H013 INSPECTION AND ACCEPTANCE OF DATA (NAVSEA) (OCT 2018)

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form 1423.

E-246-H020 QUALITY MANAGEMENT SYSTEM REQUIREMENTS (NAVSEA) (OCT 2018)

The Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ASQ/ANSI/ISO 9001:2015 “Quality Management Systems – Requirements” and supplemental requirements imposed by this contract. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall flow down such standards, as applicable, to lower-tier subcontractors under instances covered in FAR 52.246-11(b) or at the direction of the Contracting Officer. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

E-246-H021 COST DATA FOR QUALITY MANAGEMENT SYSTEM (NAVSEA) (JAN 2019)

The contractor shall maintain and use cost data as a management element of the Quality Management System. The specific cost data to be maintained and used will be determined by the contractor. The data shall, on request, be identified and made available for on-site review by the Contracting Officer or designated Government representative.

E-246-H022 INSPECTION AND TEST RECORDS (NAVSEA) (JAN 2019)

Inspection and test records shall, as a minimum, indicate the nature of the observations, number of observations made, and the number and type of deficiencies found. Data included in inspection and test records shall be complete and accurate, and shall be used for trend analysis and to assess corrective action and effectiveness. The data shall, on request, be identified and made available for on-site review by the Contracting Officer or designated Government representative.

E-246-H023 QUALITY REQUIREMENT FOR SOFTWARE DEVELOPMENT OR PRODUCTION (NAVSEA) (JAN 2019)

The contractor's software quality program shall be an integral part of the overall Quality Management System. Software quality program controls shall be applicable to all project software that is developed, maintained, or modified within the following categories:

(a) All deliverable software

(b) All deliverable software that is included as part of deliverable hardware or firmware.

(c) Non deliverable software (commercially available or user-developed) used for development, fabrication, testing, or acceptance of deliverable software or hardware (includes automated fabrication, test, and inspection/acceptance equipment software and software design, test, and inspection tools).

(d) Commercially available, reusable, or Government software designated as part of a deliverable item.

E-246-W006 SAMPLING OF RECEIVED MATERIAL – ORDNANCE MATERIAL AND ORDNANCE COMPONENT PARTS (NAVSEA) (OCT 2018)

(a) When NAVSEA, Naval Surface Warfare Center Indian Head Explosive Ordnance Disposal Technology Division receipt inspects ordnance material and/or ordnance component parts, under this contract, for rockets, missiles and their related component parts; the sampling plan utilized shall be as outlined in the technical data package or as otherwise specified in other applicable controlling documentation. If the sampling plan is not specified within any applicable controlling documentation the sampling plan and the sampling size shall be as outlined in the specification checked below:

☐ ASQ Z1.4 (ANSI/ASQ Z1.4 -2003 (R2013) - OCTOBER 2013):

Critical: 100% Major:

Minor:

(b) In all cases the acceptance number of defects will be ZERO (0), the entire lot will be rejected for any defect unless specifically otherwise specified by the inspection type and code.

(c) Notwithstanding the above, NAVSEA, Naval Surface Warfare Center Indian Head Explosive Ordnance Disposal Technology Division may, at its discretion, accept a defect on an approved waiver on a case-by-case basis.

Section F - Deliveries or Performance

DELIVERY INFORMATION

SHIPPING AND RECEIVING 4522 MCMAHON ROAD, SUI

DG 116

INDIAN HEAD MD 20640-5125

301-744-4221

N00174

N00174

N00174

(SAME AS PREVIOUS LOCATION)

N00174

N00174

(SAME AS PREVIOUS LOCATION)

N00174

N00174

(SAME AS PREVIOUS LOCATION)

N00174

N00174

(SAME AS PREVIOUS LOCATION)

N00174

N00174

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

G-216-H002 ORDERS (NAVSEA) (MAR 2019)

(a) General. Orders for supplies or services specified in Section B of the Schedule may be issued by the Contracting Officer at any time during the effective period of this agreement. Except as otherwise provided in paragraph (d) below, the Contractor agrees to accept and perform orders issued by the Contracting Officer within the scope of this agreement. It is understood and agreed that the Government has no obligation under the terms of this agreement to issue any orders. Except as otherwise provided in any order, the Contractor shall furnish all materials and services necessary to accomplish the work specified in each order issued hereunder; provided, however, that this agreement shall not be used for the furnishing of supplies or services which are covered by any "guaranty" or "warranty" clause(s) of the contract(s) under which the supplies were manufactured. In the event of any inconsistency between any order and this agreement, this agreement shall take precedence. All requirements of this agreement shall be applicable to all orders issued hereunder. Wherever the word "contract" appears in this agreement, it shall be deemed to include within its meaning the word "order", and each order shall be considered a separate binding contract as of its effective date. The Contractor shall segregate the costs incurred in the performance of any order issued hereunder from the costs of all other orders issued under this agreement.

(b) Ordering. Orders and revisions thereto shall be made in writing and be signed by any authorized Contracting Officer for activities cited in paragraph (i). Each order shall:

(1) set forth detailed specifications or requirements for the supplies or services being ordered, (or reference applicable specifications or requirements in Section C of this agreement), and, shall refer to the appropriate item under Section B of this agreement;

(2) set forth quantities being ordered;

(3) set forth preservation, packaging and packing instructions, if any;

(4) set forth delivery or performance dates;

(6) set forth either the amount or, in the case of an undefinitized order, the definitization schedule and both the monetary limitation on Government liability for the undefinitized order and the maximum ceiling amount at which the order may be definitized;

(7) set forth appropriation and accounting data for the work being ordered;

(8) set forth any discount offered for prompt payment;

(9) be dated;

(10) be identified by number in accordance with DFARS 204.7004;

(11) set forth the property, if any, to be furnished by the Government and the date(s) such property is to be delivered to the Contractor;

(12) set forth the disbursing office where payment is to be made and other applicable contract administration data;

(13) cite the applicable circumstance or exception and the justification control number. Orders for items not identified in the class justification, or an individual justification, and the basic ordering agreement are unauthorized (applies to BOA orders only);

(14) be issued on an SF 26 or a DD Form 1155; and

(15) set forth any other pertinent information.

(c) Orders. Orders may be issued on a fixed price or cost reimbursable basis at the discretion of the Contracting Officer to the extent permitted by the CLIN structure. Except as otherwise provided in paragraph (e) below, the Contractor shall not begin any work on an order until a firm priced order or an estimated cost and fixed fee order is issued by the Contracting Officer. Upon receipt of a proposed order, the Contractor shall promptly submit to the Contracting Officer a proposal for the work specified in the order. The Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly after receipt of the Contractor's proposal and supporting cost or pricing data, if required, the Contractor and the Contracting Officer shall negotiate and agree upon a price and delivery schedule for the work being ordered. The price and delivery schedule, as agreed upon, shall be set forth in the priced order and the order shall be signed by both the Contracting Officer and the Contractor. Upon receipt of the order, the Contractor shall promptly commence work and shall diligently complete it.

(d) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines it cannot feasibly perform the order, or if it does not concur with the maximum ceiling amount. However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen (15) days of issuance of the order the Contractor notifies the Contracting Officer in writing of its rejection of the order.

(e) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a definitized order, the Contracting Officer may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation on Government liability, a maximum ceiling amount and a schedule for definitization, as described in subparagraph (f)(2) below. Upon request, the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. Except as provided in paragraph (d) above, the Contractor shall commence performance of the order upon receipt. The clause entitled "Contract Definitization" (DFARS 252.2177027) shall be included in any undefinitized order.

(f) Definitization of Undefinitized Orders.

(l) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) other mutually agreeable clauses, terms and/or conditions. No later than sixty (60) days after the undefinitized order is issued, the Contractor shall submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR or the Contracting Officer, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The amount agreed upon shall be set forth in a bilateral modification to the order. In no event shall the amount exceed the maximum ceiling amount specified in the undefinitized order.

(2) Each undefinitized order shall contain a schedule for definitization which shall include a target date for definitization and dates for submission of a qualifying proposal, beginning of negotiations and, if appropriate, submission of makeorbuy and subcontracting plans and cost or pricing data. Submission of a qualifying proposal in accordance with the definitization schedule is a material element of the order. The schedule shall provide for definitization of the order by the earlier of:

(i) specified target date which is not more than 180 days after the issuance of the undefinitized order. However, that target date may be extended by the Contracting Officer for up to l80 days after the Contractor submits a qualifying proposal as defined in DFARS 2l7.740l; or

(ii) the date on which the amount of funds obligated by the Government under the undefinitized order exceeds fifty percent (50%) of the order's maximum ceiling amount.

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (f)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable amount in accordance with Subpart l5.4 and Part 3l of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.2331). In any event, the Contractor shall proceed with completion of the order, subject to the "Limitation of Government Liability" clause (FAR 52.21624).

(g) Limitation of Government Liability.

(l) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, those expenditures and obligations will be at the Contractor's sole risk and expense. Further, the limitation of liability shall be the maximum Government liability if the order is terminated. The clause at FAR 52.21624 shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases at or below the simplified acquisition threshold; special access programs; and Congressionallymandated long lead procurements; and except as otherwise provided in subparagraph (g)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the maximum ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal, as defined in DFARS 217.7401, to definitize an order before the Government obligated fifty percent (50%) of the maximum ceiling amount, the Contracting Officer may increase the limitation of Government liability up to no more than seventyfive percent (75%) of the maximum ceiling amount or up to seventyfive percent (75%) of the amount proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditures under an order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit or fee exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to definitization.

(h) Initial Spares. The limitations set forth in paragraph (e) and subparagraphs (f)(2), (g)(2) and (g)(3), do not apply to undefinitized orders for the purchase of initial spares.

(i) Ordering Activities. The following activities are authorized to issue orders hereunder:

The procuring and administrative contracting officers are responsible for the submission and accuracy of CARs. CARs are not required to be submitted to NAVSEA.

(j) Funds in the following amount are committed under this Basic Ordering Agreement for use by the Ordering Activity in obligating funds to pay for orders placed hereunder:

Item Funds

TBD at task order level TBD at task order level

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018)

(a) The following table of payment office allocation methods applies to the extent indicated.

For Government Use Only

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(b) This procurement contains the following contract type(s):

*CR – Cost-Reimbursement FP – Fixed Price

G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)

(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level.