N0017424R0022 - MK 152 Foam Cushions Solicitation_final.pdf

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64 - 70 X H 71 - 74 diane.d.hicks.civ@us.navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-A5 1 74

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00174 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and via email conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

DIANE D HICKS 301-744-6648

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 22

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

24 - 27 28 - 29

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 30 - 42 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 43 - 44 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

45 - 51

PART II - CONTRACT CLAUSES

NSWC IHD C02

4081 N. JACKSON RD

BLDG 841

INDIAN HEAD MD 20640-5116

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

30 Jan 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0017424R0022

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 10 Each MK 152 Foam Cushions FAT

FFP

FAT

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination ADDITIONAL MARKINGS: Label Foam Cushion Assembly per Section 3.4 of the PWS.

PSC CD: 8135

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 2,200 Each MK 152 Foam Cushions

FFP

Base Foam Kits NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination ADDITIONAL MARKINGS: Label Foam Cushion Assembly per Section 3.4 of the PWS

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot Base Year CDRLS

FFP

Contract Data Requirements List (CDRL)

NOT SEPARATELY PRICED

A001 - Inspection/Test Plan A002 - Test/Inspection Report A003 - Certificate of Compliance FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1001 2,500 Each OPTION MK 152 Foam Cushion Opt Year 1

FFP

Option Year 1 This CLIN is not to exceed NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination ADDITIONAL MARKINGS: Label Foam Cushion Assembly per Section 3.4 of

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 1 Lot OPTION Option Year 1 CDRLS

FFP

Contract Data Requirements List (CDRL)

NOT SEPARATELY PRICED

A001 - Inspection/Test Plan A002 - Test/Inspection Report A003 - Certificate of Compliance

UNIT UNIT PRICE MAX AMOUNT

2001 2,500 Each OPTION MK 152 Foam Cushion Opt Year 2

FFP

Option Year 2 This CLIN is not to exceed NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination ADDITIONAL MARKINGS: Label Foam Cushion Assembly per Section 3.4 of

UNIT UNIT PRICE MAX AMOUNT

2002 1 Lot OPTION Option Year 2 CDRLS

FFP

Contract Data Requirements List (CDRL)

NOT SEPARATELY PRICED

A001 - Inspection/Test Plan A002 - Test/Inspection Report A003 - Certificate of Compliance

UNIT UNIT PRICE MAX AMOUNT

3001 2,500 Each OPTION MK 152 Foam Cushion Opt Year 3

FFP

Option Year 3 This CLIN is not to exceed NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination ADDITIONAL MARKINGS: Label Foam Cushion Assembly per Section 3.4 of

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 1 Lot OPTION Option Year 3 CDRLS

FFP

Contract Data Requirements List (CDRL)

NOT SEPARATELY PRICED

A001 - Inspection/Test Plan A002 - Test/Inspection Report A003 - Certificate of Compliance

UNIT UNIT PRICE MAX AMOUNT

4001 2,500 Each OPTION MK 152 Foam Cushion Opt Year 4

FFP

Option Year 4 This CLIN is not to exceed NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination ADDITIONAL MARKINGS: Label Foam Cushion Assembly per Section 3.4 of

UNIT UNIT PRICE MAX AMOUNT

4002 1 Lot OPTION Option Year 4 CDRLS

FFP

Contract Data Requirements List (CDRL)

NOT SEPARATELY PRICED

A001 - Inspection/Test Plan A002 - Test/Inspection Report A003 - Certificate of Compliance

Section C - Descriptions and Specifications

SECTION: C

MK152 CUSHIONS

PERFORMANCE WORK STATEMENT (PWS)

1.0 Scope of Work

The requirements in this document contain the information necessary to manufacture Cushion Foam for use in simultaneous shipping of 4 pieces of ordnance, loaded at Naval Surface Warfare Center Indian Head Division (NSWC IHD).

2.0 Applicable Documents

2.1 General Specifications

American National Standards Institute (ANSI)/National Conference of Standards Laboratories (NCSL) Standards:

ANSI/NCSL Z540.3 Requirements for the Calibration of Measuring and Test Equipment

American Society for Testing and Materials Standards:

ASTM D3951 Standard Practice for Commercial Packaging

Code of Federal Regulations (CFR):

22 CFR 121 The United States Munitions List 22 CFR 122 Registration of Manufacturers and Exporters

Department of Defense (DoD) Directives:

5230.25 Withholding of Unclassified Technical Data From Public Disclosure

International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) Standards:

ISO 9001 Quality Management Systems ISO/IEC 17025 General Requirements for the Competence of Testing and Calibration

Laboratories

Military Specifications:

MIL-STD-1916 Department of Defense Test Method Standard

Society of Automotive Engineers (SAE) Standards:

SAE AS6174 Counterfeit Material; Assuring Acquisition of Authentic and

Conforming Material

2.2 Technical Drawings

Department of Defense Drawings:

233AS2068 Top Section Foam 233AS2019 Cushion 233AS2067 Top Support A 233AS2050 Support B 233AS2072 Bottom Section Foam 233AS2071 Bottom Brace 233AS2070 Bottom Cushion B 233AS2016 Support Pad 233AS2069 Bottom Cushion A

Naval Surface Warfare Center Indian Head Technical Drawings 2012-Y-032 Go/No-Go Plug Gauge 2012-Y-021 Go/No-Go Plug Gauge

2.3 Conflicting Document Requirements

If there are any conflicts between specifications, drawings, or requirements listed herein, the contractor shall notify the Contracting Officer (KO) and the Technical Point of Contact (TPOC), in writing for interpretation, clarification, and resolution.

3.0 Requirements

3.1 General

The Contractor shall fabricate, inspect, test, and deliver components in accordance with the applicable drawings and specifications. Components shall be packaged by part number and ready for use. The Contractor shall provide, design, and fabricate all necessary tooling to manufacture and dimensionally inspect the components, and provide data as detailed herein.

3.1.1 Cushion Assembly

A single (1EA) Cushion Assembly shall consist of the following components:

Drawing Rev Nomenclature Qty UOI 233AS2068 A Top Section Foam Assembly 1 EA 233AS2019 G Cushion 1 EA 233AS2050 E Support B 1 EA 233AS2067 D Top Support A 1 EA 233AS2072 B Bottom Section Foam Assembly 1 EA 233AS2071 C Bottom Brace 1 EA 233AS2070 D Bottom Cushion B 1 EA 233AS2016 E Support Pad 1 EA 233AS2069 C Bottom Cushion A 1 EA

3.1.2 Subcontractor and Supplier Performance

The Prime Contractor shall bear the ultimate responsibility for all deliveries and performance of all requirements under this contract. The Prime Contractor shall monitor and maintain all subcontractor relationships. At the Government’s sole discretion, the Government may apply quality and/or on-time delivery issues stemming from the work of a subcontractor to the Prime Contractor’s quality performance metrics.

3.1.3 Kickoff Meeting

The Contractor shall host a Government/Contractor Kickoff Meeting or telecon to establish Government/Contractor interfaces within 15 workings days after contract award, or as mutually agreed to by the Government and the Contractor. The anticipated meeting objectives shall include team introduction, general program discussions, as well as more specific information in regards to the supported program.

3.2 Test and Inspection

The Contractor shall maintain and control processes to inspect and test components as described in this PWS. These processes should cover all phases from the ordering of the material to the Government acceptance of the finished product.

3.2.1 First Article Testing

The Contractor shall submit First Article Test (FAT) samples to the Government if the Contractor has not provided contract deliverables for the same drawing numbers within the last five (5) years.

The Contractor shall submit an Inspection Test Plan in accordance with DI-QCIC-81110 per CDRL A001 to the Government for review and approval prior to first article manufacture and delivery. The Contractor shall submit a first article sample of 10EA complete units prior to the first delivery of any production hardware. The first article units shall be fully representative of those proposed for production, and demonstrate the adequacy and suitability of the Contractor's processes and procedures in complying with the requirements set forth by the drawings and specifications.

Any production by the Contractor before formal acceptance of the First Article sample shall be at the Contractor’s cost risk.

3.2.2 Dimensional Inspection

The Contractor is responsible for performing in-house inspections to ensure each first article or production component and dimension conforms 100% to the contract, PWS, and product dimensional requirements. The Contractor shall provide copies of in-process dimensional data and/or proof of inspections, such as floor shop travelers or final QA inspections, as requested by the Government.

The Contractor shall submit a Final Dimensional Inspection Report in accordance with DI- NDTI-80809B per CDRL A002 for each deliverable line item. The final dimensional inspection report shall include either a list of all drawing dimensions and tolerances, and their actual measured values, or a marked-up copy of the drawing with actual measured values written in red next to the corresponding dimension

3.2.3 Product Certification

The Contractor shall submit a Certificate of Compliance in accordance with DI-MISC-81356A per CDRL A003 to accompany the shipment of each first article and production lot, as required by Table 1. The certificate shall state compliance of the material with its respective drawing or specification, and contract/order requirements. The certificate shall at a minimum state the company name, contract/order number, drawing or specification number, and date.

Certificates of Compliance shall state, above the signature of a legally authorized representative of the company, the following:

“This certification concerns a matter within the jurisdiction of an agency of the United States and making a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code 1001.”

Table 1: Certification Requirements

Part Test

Requirement Certificate

Dwg Location Top Section Foam

Pull Test 233AS2068 Note 2 Compliance Material 233AS2019 Note 2 Compliance Material 233AS2067 Note 2 Compliance Material 233AS2050 Note 2 Compliance

Bottom Section Foam

Pull Test 233AS2072 Note 2 Compliance Material 233AS2071 Note 2 Compliance Material 233AS2070 Note 2 Compliance Material 233AS2016 Note 2 Compliance Material 233AS2069 Note 2 Compliance

3.3 Quality Control

3.2.4 Quality System and Quality Control Processes

The Contractor shall maintain a quality system which adheres, at minimum, to the requirements of ISO 9001:2015 standards.

The Contractor quality management system shall ensure products are in compliance with the applicable drawings, specifications, and contract. The quality management system shall outline processes to identify, record, and disposition nonconforming material or other characteristic discrepancies for the entire duration of this contract. Procedures, planning, and all other relevant documentation and data which comprise the quality management system, if requested, shall be made available to the Government for review.

3.2.5 Calibration of Measuring and Testing Equipment

Calibration of measuring and testing equipment shall, as a minimum, adhere to the requirements of either ANSI/NCSL Z540.3 or ISO/IEC 17025.

3.2.6 Acceptance of Product

Final acceptance of first article samples and production deliverables will be determined by Government dimensional inspection, thread gauging, and certification verification at Government destination for each deliverable line item. The Government shall complete sample testing within 30 days of receipt of all documentation and deliverables relevant to the relevant line item. Unless otherwise stated, the Government sampling plan shall be in accordance with Table 2. The Government reserves the right to perform additional inspection and testing of hardware to verify acceptability, which may include testing at other facilities.

Table 2: Inspection Sampling Plan

MIL-STD-1916:

Critical: 100% Major: Level IV Minor: Level II

Features designated as “Majors” and “Criticals” may be subject to high-precision measurement techniques as part of the sampling plan identified above. The Government shall use the gauges below to ensure relevant dimensional acceptance:

Drawing Nomenclature Dimension [in] Gauge 233AS2067 Top Support A 4x Ø1.88+.06 2012-Y-032 233AS2067 Top Support A 4x Ø2.78+.12 2012-Y-021 233AS2070 Bottom Cushion B 4x Ø2.78+.12 2012-Y-021 233AS2071 Bottom Brace 4x R1.39+.06 2012-Y-021

Lastly, the Government shall verify alignment of the following features by assembling 4x Ø2.792-.005in rods with lengths of 9.25-.125in in a complete Cushion Assembly (PWS 3.3). It is recommended the rods have 1/8in chamfers on both ends to prevent damage to the cushion materials.

Drawing Nomenclature Dimension [in]

233AS2070 Bottom Cushion B 4x Ø2.78+.12 233AS2071 Bottom Brace 4x R1.39+.06 233AS2067 Top Support A 4x Ø2.78+.12

3.2.7 Government-Identified Nonconformity Reporting Procedures

The Government shall alert the Contractor to any nonconforming deliverables within one (1) working day of identifying the nonconformity. The Contractor shall respond with their recommended disposition on the deliverables within one (1) working day.

3.3 Preservation

The Contractor shall be responsible for packing, packaging, and marking of deliverables in accordance with ASTM D3951 to prevent any potential damage during transport.

The Contractor shall label completed parts packaging to include component name, quantity, contract number, drawing number, revision, and manufacturer name and date.

3.4 Export Control

3.4.1 International Trafficking in Arms Regulations (ITAR) Compliance The Contractor shall maintain ITAR compliance through registration in accordance with 22 CFR 122 to export Category III and IV munitions components, as defined by 22 CFR 121.

3.4.2 Joint Certification Program (JCP) Registration

The Contractor shall maintain JCP registration and a DD Form 2345 to comply with DoD Directive 5230.25.

3.5 Counterfeit Material

The Contractor shall maintain a counterfeit material prevention program in accordance with SAE AS6174, or comparable. The Contractor shall notify the Contracting Officer (KO) if material cannot be obtained from an authorized supplier.

4.0 Deliverables

The Technical Point of Contact and Contracting Officer (KO) for this contract will approve all deliverables as specified. The following Certificates shall include the signature of the Contractor’s representative authorized to make such certification.

CDRL Spec Section Title A001 DI-QCIC-81110 3.2.1 Inspection Test Plan A002 DI-NDTI-80809B 3.2.2 Final Dimensional Inspection Report A003 DI-MISC-81356A 0 Certificate of Compliance

4.1 Hardware Delivery

The Contractor shall notify the Contracting Officer 30 days in advance if the Contractor cannot meet the contract delivery schedule.

The Contractor shall be responsible for coordinating and shipping all the units below to the required destination.

Item Delivery Reference Nomenclature Max Qty. UOI 1 FAT PWS 3.4 Cushion Assembly 10 EA 2 Base PWS 3.4 Cushion Assembly 2,200 EA 3 Option Year 1 PWS 3.4 Cushion Assembly 2,500 EA 4 Option Year 2 PWS 3.4 Cushion Assembly 2,500 EA 5 Option Year 3 PWS 3.4 Cushion Assembly 2,500 EA 6 Option Year 4 PWS 3.4 Cushion Assembly 2,500 EA

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of 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.

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.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-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 dated in response to Solicitation No.

N0017424R0022.

(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-217-H001 PROVISIONED ITEMS ORDERS--BASIC (NAVSEA) (OCT 2018)

(a) General. The Contractor agrees that it will furnish the supplies or services ordered by the Government in accordance with the procedures specified herein. Orders will be placed by the Contracting Officer, Provisioning Activity or Administrative Contracting Officer as unilateral or bilateral modifications to this contract on SF 30, Amendment of Solicitation/Modification of Contract. Any amounts shown in Section B at time of award of the initial contract for each provisioned line item are estimated amounts only and are subject to upward or downward adjustment by the issuing activity. If no amounts are shown, funding will be obligated before or at time of order issuance. It is understood and agreed that the Government has no obligation under this contract to issue any orders hereunder.

(b) Priced Orders. For each proposed order, the Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly thereafter, the Contractor and the Contracting Officer shall negotiate the price and delivery schedule for the proposed order. Upon execution and receipt of the priced order, the Contractor shall promptly commence the work specified in the order.

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation of Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "Contract Definitization" (DFARS 252.217- 7027) shall be included in any undefinitized order.

(d) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines that it cannot feasibly perform the order, or if the Contractor does not concur with the maximum ceiling amount.

However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen days of issuance of the order, the Contractor notifies the Contracting Officer in writing of its rejection of the order.

(e) Definitization of Undefinitized Orders. (1) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the Contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

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

(i) a specified target date which is not more than 180 days after the issuance of the undefinitized order.

However, that target date may be extended by the Contracting Officer for up to 180 days after the Contractor submits a qualifying proposal as defined in DFARS 217.7401; or

(ii) the date on which the amount of funds expended by the Contractor under the undefinitized order exceed fifty percent (50%) of the order's maximum ceiling amount, except as provided in subparagraph (f)(3) below.

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart 15.4 and Part 31 of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "Limitation of Government Liability" clause (FAR 52.216-24).

(f) Limitation of Government Liability. (1) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of Government liability shall be the maximum Government liability if the order is terminated. The "Limitation of Government Liability" clause shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long-lead procurements; and except as otherwise provided in subparagraph (f)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 217.7401) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

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

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

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond 180 days after delivery of the last end item.

(i) Segregation of Costs. The Contractor shall segregate the costs of performance of each undefinitized order from the cost of any other work performed by the Contractor.

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) A001 - A003, attached hereto.

C-233-H001 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT--BASIC (NAVSEA) (OCT 2018)

(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work.

Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) Description of work necessary to undo work already completed which has been deleted by the change;

(3) Description of work not required by the terms hereof before the change, which is substituted or added by the change. A list of components and equipment (not bulk materials or items) involved should be included. Separate descriptions are to be furnished for design work and production work;

(4) Description of interference and inefficiencies in performing the change;

(5) Description of each element of disruption and exactly how work has been, or will be disrupted:

(i) The calendar period of time during which disruption occurred, or will occur;

(ii) Area(s) aboard the vessel where disruption occurred, or will occur;

(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;

(iv) Scheduling of trades before, during, and after period of disruption;

(v) Description of measures taken to lessen the disruptive effect of the change;

(6) Delay in delivery attributable solely to the change;

(7) Other work attributable to the change;

(8) Supplementing the foregoing, a narrative statement of the direct "causal" relationship between any alleged Government act or omission and the claimed consequences therefor, cross-referenced to the detailed information provided as required above; and

(9) A statement setting forth a comparative enumeration of the amounts "budgeted" for the cost elements, including the material costs, labor hours and pertinent indirect costs, estimated by the Contractor in preparing its initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred and/or projected to be incurred corresponding to each such "budgeted cost" elements.

(c) Each proposal in excess of $100,000 submitted in support of a claim for equitable adjustment under any requirement of this contract shall, in addition to the information required by paragraph (b) hereof, contain such information as the Contracting Officer may require with respect to each individual claim item.

(d) It is recognized that individual claims for equitable adjustment may not include all of the factors listed in paragraph

(b) above. Accordingly, the Contractor is required to set forth in its proposal information only with respect to those factors which are comprehended in the individual claim for equitable adjustment. In any event, the information furnished hereunder shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, submitted pursuant to paragraph (c) of this requirement, with the information submitted pursuant to paragraph (b) hereof.

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-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.

Section D - Packaging and Marking

D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

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-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-W001 CERTIFICATE OF ANALYSIS (NAVSEA) (OCT 2018)

(a) A certificate of analysis/test showing that the material has been sampled and/or tested and found to be within the minimum requirements of the specification/drawing/contract shall be submitted to the COR or TPOC. The certificate shall be maintained by the contractor for a minimum of one (l) year; one (1) copy to accompany the shipment (in the packing list envelope) and one (1) copy mailed at time of the shipment (mark the certificate to the attention of: Code 00Q).

(b) Each certificate must be traceable to the material covered by the certificate. The certificate shall state, above the signature of a legally authorized representative of the company the following:

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United

States Code, Section 1001.

(c) Beneath the signature include the typed name of the individual signing this certificate.

(d) Certificate for shipments of bulk chemicals shall state contract number, drawing or specification number, lot number, rail car number if shipped by rail or trailer number if by truck, and the date of shipment.

(e) Any demurrage accrued as a result of detaining commercial carriers because of nonreceipt of the certificate shall be the responsibility of the Contractor.

(f) Failure to provide certification at the time of shipment may result in material being rejected and returned at the contractor's expense.

(g) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies called for by the Order/Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies have been sampled and/or tested and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: ________________________________ Signature: _______________________________________ Typed Name: ____________________________________ Title: ___________________________________________

E-246-W002 CERTIFICATE OF COMPLIANCE (NAVSEA) (OCT 2018)

(a) A certification of material shall be provided by the Contractor, one (1) copy to accompany the shipment (in the packing list envelope) and (l) copy mailed to arrive at time of receipt of the shipment. Mark all certificates to the attention of Code 00Q.

(b) The certificate shall state compliance of material with drawing specification and contract/order requirements. The certificate shall as a minimum state the company name, contract/order number, drawing or specification number, and date. The certificate shall state, above the signature of a legally authorized representative of the company, the following:

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

(c) Failure to provide certification at the time of shipment may result in material being rejected and returned at the contractor's expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies called for by the Order/Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this document.

Date of Execution: ________________________________ Signature: _______________________________________ Typed Name: ____________________________________ Title: ___________________________________________

Section F - Deliveries or Performance

DELLIVERY INFORMATION

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 8 wks. ADC 10 NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

301-744-4221

N00174

0002 9 wks. AFATA 2,200 (SAME AS PREVIOUS LOCATION)

0003 Same as above 1 Same as above Same as above

1001 9 wks. AOE 2,500 NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

301-744-4221

1002 Same as above 1 Same as above Same as

2001 9 wks. AOE 2,500 NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

301-744-4221

2002 Same as above 1 Same as above Same as

3001 9 wks. AOE 2,500 NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

301-744-4221

3002 Same as above 1 Same as above Same as

4001 9 wks. AOE 2,500 NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

301-744-4221

4002 Same as above 1 Same as above Same as

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B.