N0017424R0051_Final_Posting 5.23.24.pdf

SEE ADDENDUM

(No Collect Calls)

N0017424R0051 23-May-2024

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

03:00 PM 25 Jun 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001749. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MELINDA S BLAINE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NSWC IHD C02

4081 N. JACKSON RD

BLDG 841

INDIAN HEAD MD 20640-5116

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF159

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0017424R0051

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Fire Control Equipment

FFP

1240: (Sight, Reflex, Collimator – COMP M4s), binoculars This CLIN has a 5 year ordering period.

NTE $100,000

FOB: Destination

PSC CD: 9999

NET AMT

0002 1 Lot Ammunitions and Explosives

FFP

NO EXPLOSIVES WILL BE PROCURED UNDER THIS FSG; EQUIPMENT

ONLY

1352: Autonomous underwater vehicles 1375: Blasting machines, Firing device sets, Test set for blasting caps 1385: EOD tools: hand tools, disrupters, X-ray systems, hook and line kits, rigging and digging kits, robot systems, backpack kits, exploitation kits, telescopic manipulators 1398: Total containment vessel This CLIN has a 5 year ordering period.

NTE $32,000,000

0003 1 Lot Metalworking Machinery

FFP

Equipment 3433: Welding equipment 3438: Miscellaneous welding equipment 3455: Cutting tools This CLIN has a 5 year ordering period.

NTE $100,000

0004 1 Lot Fire Fighting, Rescue and Safety

FFP

Equipment 4220: Diving equipment 4240: Harnesses, ropes, belts, runners, clips, loops, buckles, protective eyewear, chem/bio masks and suits, etc.

This CLIN has a 5 year ordering period.

NTE $600,000

0005 1 Lot Maintenance and Repair Shop Equipment

FFP

4940: Cleaning systems (e.g., Caviblaster) This CLIN has a 5 year ordering period.

NTE $80,000

0006 1 Lot Hand Tools

FFP

5120/5130: Hand tools (crimpers, hammers, shovels, wrenches, etc) 5180: Hand tools kits that can be used on EOD missions (Jensen tool kits).

This CLIN has a 5 year ordering period.

NTE $160,000

0007 1 Lot Prefabricated Structures and Scaffolding

FFP

5410: Prefabricated and portable buildings This CLIN has a 5 year ordering period.

NTE $100,000

0008 1 Lot Communications, Detection and Coherent

FFP

Radiation Equipment 5825: Global positioning systems 5855: Night vision systems, Laser pointers, IZLIDs, helmet mounts 5860: GLTDs This CLIN has a 5 year ordering period.

NTE $20,000,000

0009 1 Lot Electrical and Electronic Equipment

FFP

Components 5935: Various electrical plugs and connectors (accessories) This CLIN has a 5 year ordering period.

NTE $25,000

0010 1 Lot Electric Wire, and Power & Distribution

FFP

Equipment 6130: Uninterruptible power supplies This CLIN has a 5 year ordering period.

NTE $25,000

0011 1 Lot Lighting Fixtures and Lamps

FFP

6230: Flashlights, weapons lights This CLIN has a 5 year ordering period.

NTE $100,000

0012 1 Lot Alarm Signal & Security Detection System

FFP

6350: Scanner and alarm systems, handheld metal detectors, portal detectors This CLIN has a 5 year ordering period.

NTE $100,000

0013 1 Lot Medical, Dental, & Veterinary Equipment

FFP

& Supplies 6545: First aid kits 6550: Forensic field kits This CLIN has a 5 year ordering period.

NTE $200,000

0014 1 Lot Instruments and Laboratory Equipment

FFP

6605: Compasses 6625: Ohmmeters 6635: Chemical analyzers 6650: Tactical spotting scopes, binoculars 6665: Hazard detecting equipment (Radiation, Explosive, Chem, Bio), including field kits. Metal detectors, Contraband inspection kits This CLIN has a 5 year ordering period.

NTE $500,000

0015 1 Lot Photographic Equipment

FFP

6720: Handheld cameras 6760: Pelican cases This CLIN has a 5 year ordering period.

NTE $50,000

0016 1 Lot Training Aids and Devices

FFP

6910/6920: Inert replicas/training aids This CLIN has a 5 year ordering period.

NTE $300,000

0017 1 Lot ADP Equipment Software, Supplies and

FFP

Support Equipment 7020/7021: Laptop computers 7030: General software, data analysis software, Asymmetric Threat and Tactical Analysis Casebook software This CLIN has a 5 year ordering period.

NTE $200,000

0018 1 Lot Clothing, Individual Equipment, and

FFP

Insignia 8340: Tents, shelters 8465: Climbing and repelling gear, hydration systems 8470: Bomb suits, ballistic helmets, ballistic vests, ballistic plates, related accessories, knee pads, elbow pads This CLIN has a 5 year ordering period.

NTE $14,000,000

0019 1 Lot Data

FFP

Not Separately Priced (NSP) This CLIN has a 5 year ordering period.

0020 1 Lot Training Support

FFP

Support operations and maintenance of equipment This CLIN has a 5 year ordering period.

NTE $1,100,000

0021 1 Lot Kick Off Meeting

FFP

Kick off meeting IAW Section SOW Section 3.5

Section C - Descriptions and Specifications

STATEMENT OF WORK

FOREIGN MILITARY SALES (FMS) PROGRAMS MULTIPLE AWARD SCHEDULE (MAS)

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) STATEMENT OF WORK

1.0 SCOPE

The Naval Surface Warfare Center, Indian Head Division (NSWC IHD) has a requirement for multiple sources to provide hardware, materials, and supplies to support Foreign Military Sales (FMS) requirements. These supplies shall include commercial-off-the-shelf (COTS) items. These items will be in support of explosive ordnance disposal (EOD) and counter improvised explosive device (CIED) requirements identified in signed letters of offer and acceptance (LOA).

Potential suppliers may be required to provide supplies from a large number of categories. These deliverables would be identified in each of the individual delivery orders. Firm Fixed Price (FFP) delivery orders will be issued under this contract.

2.0 APPLICABLE DOCUMENTS

Applicable military specifications and standards that are listed in the issue of the Department of Defense Index of Specifications and Standards (DODISS), and current on the date of contract award, plus applicable industry standards, or any other program documents may be specified within the individual delivery orders that will be issued for performing specific tasks under this indefinite delivery / indefinite quantity contract.

Supplier brochures and drawings may be used to determine if the available commercial items meet the FMS requirement.

3.0 REQUIREMENTS

3.1 Hardware Acquisitions

As tasked in individual delivery orders, the contractor shall provide equipment and supplies from the following list of federal supply groups (FSGs):

FSG Code Description 12 Fire Control Equipment 1240: (Sight, Reflex, Collimator – COMP M4s), binoculars 13 Ammunitions and Explosives NO EXPLOSIVES WILL BE PROCURED UNDER THIS FSG;

EQUIPMENT ONLY

1352: Autonomous underwater vehicles

1375: Blasting machines, Firing device sets, Test set for blasting caps

1385: EOD tools: hand tools, disrupters, X-ray systems, hook and line kits, rigging and digging kits, robot systems, backpack kits, exploitation kits, telescopic manipulators

1398: Total containment vessel

34 Metalworking Machinery 3433: Welding equipment

3438: Miscellaneous welding equipment

3455: Cutting tools

42 Fire Fighting, Rescue and Safety Equipment 4220: Diving equipment

4240: Harnesses, ropes, belts, runners, clips, loops, buckles, protective eyewear, chem/bio masks and suits, etc.

49 Maintenance and Repair Shop Equipment 4940: Cleaning systems (e.g., Caviblaster) 51 Hand Tools 5120/5130: Hand tools (crimpers, hammers, shovels, wrenches, etc)

5180: Hand tools kits that can be used on EOD missions (Jensen tool kits).

54 Prefabricated Structures and Scaffolding 5410: Prefabricated and portable buildings 58 Communications, Detection and Coherent Radiation Equipment 5825: Global positioning systems

5855: Night vision systems, Laser pointers, IZLIDs, helmet mounts

5860: GLTDs

59 Electrical and Electronic Equipment Components 5935: Various electrical plugs and connectors (accessories) 61 Electric Wire, and Power and Distribution Equipment 6130: Uninterruptible power supplies 62 Lighting Fixtures and Lamps 6230: Flashlights, weapons lights 63 Alarm Signal and Security Detection Systems 6350: Scanner and alarm systems, handheld metal detectors, portal detectors 65 Medical, Dental, and Veterinary Equipment and Supplies 6545: First aid kits

6550: Forensic field kits

66 6605: Compasses

6625: Ohmmeters

6635: Chemical analyzers

6650: Tactical spotting scopes, binoculars

6665: Hazard detecting equipment (Radiation, Explosive, Chem, Bio), including field kits.

Metal detectors, Contraband inspection kits

67 Photographic Equipment 6720: Handheld cameras

6760: Pelican cases

69 Training Aids and Devices 6910/6920: Inert replicas/training aids 70 ADP Equipment Software, Supplies and Support Equipment

7020/7021: Laptop computers

7030: General software, data analysis software, Asymmetric Threat and Tactical Analysis Casebook software

84 Clothing, Individual Equipment, and Insignia 8340: Tents, shelters

8465: Climbing and repelling gear, hydration systems

8470: Bomb suits, ballistic helmets, ballistic vests, ballistic plates, related accessories, knee pads, elbow pads

3.2 Kitting

Kitting of items may be required on some procurements. Kitting details will be identified on a procurement specific statement of work (SOW), and may include a list of items, quantities per kit, and the total number of kits required.

3.3 Palletization

Due to requirements of other countries, all palletized deliveries must use 48”x40” heat treated pallets.

3.4 Training Support

As tasked in the individual delivery orders, the Contractor shall provide training to support operations and maintenance of equipment. The training will support equipment within the FSGs listed in section 3.1. Training locations shall be identified in the delivery orders, and may be CONUS or OCONUS.

3.5 Kick-off Meeting

The Contractor shall host a joint teleconference for the Government/Contractor Kick-off to establish Government/Contractor interfaces within 15 days after contract award, or as mutually agreed to by the Government and the Contractor. The anticipated meeting shall be no more than four (4) hours long and the objectives shall include a meeting between key stakeholders, team introduction, and general program discussions. The Contractor shall document meeting minutes for Government review and approval within 10 business days from the completion of the meeting in accordance with CDRL A001 within the basic award.

The kick-off meeting will be awarded as the guaranteed minimum under Task Order 0001 at time of contract award.

See Attachment J for Task Order 0001 SOW.

4.0 SECURITY

This requirement is UNCLASSIFIED.

5.0 ANTICIPATED HARDWARE DELIVERABLES

Hardware deliverables will be specified in individual delivery orders issued under the contract.

6.0 DATA DELIVERABLES

The Contractor shall submit the following data deliverables:

CDRL A001 – Contract Kick-off Meeting Minutes

7.0 TECHNOLOGY TRANSFER

In accordance with International Traffic in Arms Regulation (ITAR), the Contractor is responsible for obtaining all necessary approvals and clearances to allow the shipment of training materials to the customer country by either claiming an FMS exemption under the auspices of the applicable Letter of Offer and Acceptance (LOA), in accordance with the ITAR, Part 126, General Policies and Provisions, Sub-Part 126.6, and the FMS program, or with an approved Technical Assistance Agreement (TAA), in accordance with the applicable ITAR, Part 124, Agreements, Off-Shore Procurement and Other Defense Services, Sub-Part 124.1, Manufacturing License Agreements and TAA through the U.S. Department of State, Directorate of Defense Trade Controls. Also, regarding TAAs reference ITAR, Sub-Part 124.2, Exemptions for Training and Military Services. The Contractor shall ensure either of these approaches is successfully completed prior to training initiation, to include any subcontractor training required for each individual vendor.

8.0 OPSEC

The contractor is required to protect critical information associated with this contract to prevent unauthorized disclosure and will observe OPSEC requirements.

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-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-212-W001 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS ADDENDUM TO 52.212-4

(NAVSEA) (OCT 2018)

(o) Warranty -- append the following to paragraph (o):

The contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause nor does it limit the Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The standard commercial warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule.

The contractor shall provide a copy of its standard commercial warranty (if applicable) with its offer. The warranty covers a period of months. (Offeror is to insert number.)

The following information is hereby appended to the clause:

(w) Data Rights. The Government shall have data rights to all data generated under this contract or order in accordance with DFARS 252.227-7015.

(x) Ordering. The agency authorized to place delivery orders against this contract is: NSWC Indian Head.

Delivery orders will be placed against this contract, by the Government, using the SF 1449.

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS (NAVSEA) (MAR 2019)

(a) Commercial Supplier Agreement means End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement.

(b) Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer without hyperlinks.

(c) The contract/order Schedule and Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions—Commercial Items, shall take precedence over any conflicting provisions in a Commercial Supplier Agreement.

(d) If any requirement in the Commercial Supplier Agreement conflicts with Federal law or regulations (see FAR 12.212(a)), the following shall apply:

(i) Any such requirement is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such requirement by virtue of it appearing in the Commercial Supplier Agreement. If the Commercial Supplier Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or

“browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such requirement.

(iii) Any such requirement is deemed to be stricken from the Commercial Supplier Agreement.

(e) Automatic renewals. License Agreements will expire at end of the term identified in the Purchase Order/Contract. Automatic renewals are not permitted and any such provision is void.

(f) Changes to the Commercial Supplier Agreement. Unilateral changes of the Commercial Supplier Agreement are impermissible and any requirement authorizing such changes is unenforceable. Changes must be in writing and executed by both parties to be effective.

(g) Third Part License (Embedded Software).

(i) The Contractor agrees that it has obtained all necessary licenses for the Government for any third party materials (including without limitation all Open Source licenses) provided within the product.

(ii) Contractor agrees that it complies with and shall continue to comply with all of its obligations under Third Party Licenses (including without limitation all Open Source licenses) associated with any third party materials provided within each product.

(iii) To the extent that the Government’s use of the software products licensed herein is in compliance with the Contractor’s Commercial Supplier Agreement, the Government’s use will also be in compliance with any Third Party Licenses.

(h) Audits. In lieu of any audit provisions in the Commercial Supplier Agreement, the Government agrees that, no more than once every twelve (12) months or within a reasonable time after a transfer, the Contractor shall, upon reasonable notice, have the right to require that the Government conduct an internal audit to ascertain and verify the number of licenses in use and to verify that the Government’s use of the product is in conformity with this Agreement. The Government is not required to use any tools provided by the Contractor to conduct the audit and shall not be required to pay for any tools provided by the Contractor to conduct the audit. The results of any such audit shall be kept confidential.

If verification discloses that the Government’s use is not in conformity with this Agreement, the Government agrees to resolve any noncompliance by either removing or correcting the unlicensed installation and use of the software identified by the audit as not in conformity with this Agreement.

(i) Confidentiality. Commercial Supplier Agreements’ terms and the final contract pricing may not be deemed confidential. Other marked confidential information will be appropriately guarded.

(j) Assignment. The Government shall have the right, without the prior written consent of the Contractor or its authorized resellers, to assign, reassign, or transfer software licenses among Government employees or the Government’s rights in the Contractor’s product to any governmental organization that is managed, operated, or controlled by the Government.

Such authorization includes sublicensing, and assignment or transfer among or between authorized users. In the event authorized users are reorganized or restructured such that their responsibilities and operations are transferred to another government agency, the agency shall have the right to assign the affected program licenses to a successor agency. The licensed agency and the successor agency agree to be bound to the Commercial Supplier Agreement as modified. The transferee shall be bound by the license metrics and limitations in this license. Government shall complete any documentation required by the Contractor to facilitate the transfer of this license, and continuation of support shall be the responsibility of the transferee.

For the avoidance of doubt, any assignment or transfer of licenses of the Contractor’s products is also subject to all other terms of the Commercial Supplier Agreement, as well as the Contractor’s policies governing product dependencies and version compatibility. Reassignment does not require that the license be under maintenance or support in order to execute a transfer.

(k) Litigation. Any requirement insisting that the commercial supplier or licensor control any litigation arising from the government’s use of the contractor’s supplies or services is deleted and unenforceable.

(l) Equitable Remedies. Equitable remedies, injunctive relief, and binding arbitration requirements shall not be enforced unless explicitly authorized by agency guidance or statute.

(m) Venue. Any claim or dispute shall be resolved under the Contract Disputes Act and FAR 52.233-1. The forum for resolution of disputes and applicable statutes of limitation shall be governed by federal law.

(n) Applicable law. In accordance with FAR 52.233-4, United States law shall apply to resolve any claim of breach of this contract and such actions shall be handled in the applicable Federal court of jurisdiction.

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 TBD dated TBD in response to Solicitation No.

N0017424R0051

(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) A, attached hereto.

(End of Text)

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-246-H001 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (OCT 2018)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software.

Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause, nor does it limit the Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

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

CLAUSES INCORPORATED BY REFERENCE

D-211-H002 MARKING OF REPORTS (NAVSEA) (OCT 2018) OCT 2018

D-211-H001 PACKAGING OF DATA (NAVSEA) (FEB 2022)

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), 32 CFR Part 117.

D-211-H004 IDENTIFICATION MARKING OF PARTS--BASIC (NAVSEA) (OCT 2018)

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 shall be marked in accordance with generally accepted commercial practice.

(2) 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.

D-246-H002 WARRANTY NOTIFICATION FOR ITEM(S) TBD—BASIC (NAVSEA) (OCT 2018)

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT ________ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP FOR ________________ FROM DATE OF ACCEPTANCE. IF

ITEM IS DEFECTIVE NOTIFY _______________________ AND PCO.

D-247-H001 ADDITIONAL MARKING REQUIREMENTS FOR FMS ITEMS (NAVSEA) (OCT 2018)

(a) The following identifying marks shall appear on the outside of each box, parcel and/or crate and all shipping papers included in each shipment:

NAVY

FMS CASE _________________________________________________________

REQUISITION NO. ___________________________________________________

ITEM DESCRIPTION _____________________________________________

If a consolidated shipment of several items in one container is forwarded, add to the above information

"CONSOLIDATED SHIPMENT, CONTAINS ____ ITEMS".

(b) The inscription "UNITED STATES OF AMERICA" shall be affixed in a suitable size indelible stencil, label or printed form on all external shipping containers or the exterior surface of uncrated items.

(c) All invoices, correspondence, reports and other documents shall be identified with the appropriate FMS case designator, requisition number(s), and item description(s).

D-247-H002 PACKAGING OF SUPPLIES—BASIC (NAVSEA) (DEC 2020)

Item(s) 0001-0019 The supplies furnished hereunder shall be packaged in accordance with ASTM-D-3951-18, Standard Practice for Commercial Packing.

D-247-H004 MARKING AND PACKING LIST(S) – BASIC (NAVSEA) (FEB 2022)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with ASTM- D-3951-18 approved 1 May 2018, Standard Practice for Commercial Packing.

(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items. Where assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number.

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.

D-247-W002 UNPACKING INSTRUCTIONS (NAVSEA) (OCT 2018)

(a) Location on Container. When practical, one set of the unpacking instructions will be placed in a heavy water-proof envelope prominently marked "UNPACKING INFORMATION" and firmly affixed to the outside of the shipping container in a protected location, preferably between the cleats on the end of the container adjacent to the identification marking. If the instructions cover a set of equipment packed in multiple containers, the instructions will be affixed to the number one container of the set. When the unpacking instructions are too voluminous to be affixed to the exterior of the container, they will be placed inside and directions for locating them will be provided in the envelope marked

"UNPACKING INFORMATION".

(b) Marking Containers. When unpacking instructions are provided, shipping containers will be stenciled "CAUTION-

THIS EQUIPMENT MAY BE SERIOUSLY DAMAGED UNLESS UNPACKING INSTRUCTIONS ARE

CAREFULLY FOLLOWED. UNPACKING INSTRUCTIONS ARE LOCATED [insert location]." When practical, this marking will be applied adjacent to the identification marking on the side of the container.

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 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-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.

Section F - Deliveries or Performance

DELIVERY INFORMATION

DELIVERY INFORMATION

*All CLINs have a 5 year ordering period starting at the date of contract award.

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 TBD on individual delivery orders TBD on individual delivery orders

0002 TBD on individual delivery orders

0003 TBD on individual delivery

0004 TBD on individual delivery

0005 TBD on individual delivery

0006 TBD on individual delivery

0007 TBD on individual delivery

0008 TBD on individual delivery

0009 TBD on individual delivery

0010 TBD on individual delivery

0011 TBD on individual delivery

0012 TBD on individual delivery

0013 TBD on individual delivery

0014 TBD on individual delivery

0015 TBD on individual delivery

0016 TBD on individual delivery

0017 TBD on individual delivery

0018 TBD on individual delivery

0019 TBD on individual delivery

0020 TBD on individual delivery

0021 TBD on individual delivery

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

F-211-W001 PARTIAL DELIVERIES (NAVSEA) (OCT 2018)

Partial deliveries will not be accepted without specific approval from the Contracting Officer.

F-242-H001 CONTRACTOR NOTICE REGARDING LATE DELIVERY (NAVSEA) (OCT 2018)

In the event the contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, the contractor shall immediately notify, in writing, the Contracting Officer and the cognizant Contract Administration Services Office, if assigned. The notice shall give the pertinent details; however, such notice shall not constitute a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.

F-247-H001 DELIVERY OF DATA (NAVSEA) (OCT 2018)

All data to be furnished under this contract shall be delivered prepaid to the destination(s) and at the time(s) specified on the Contract Data Requirements List(s), DD Form 1423.

Section G - Contract Administration Data

252.204-7006 BILLING INSTRUCTIONS—COST VOUCHERS (MAY 2023)

When submitting a request for payment using a cost voucher, 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)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report Combo

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC N00174

Admin DoDAAC** TBD

Inspect By DoDAAC N00174

Ship To Code TBD

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_____TBD____________________________________________________________

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

G-216-H003 Ordering Process for Multiple Award Contracts (MACS) (NAVSEA) (FEB 2024)

(a) General. One or more orders may be issued during the performance period of this contract. The Contractor agrees to accept and perform orders issued by the Contracting Officer within the scope and within the maximum value of this contract. It is understood and agreed that the Government has no obligation to issue any orders under this contract, except the minimum order. In the event of any inconsistency between any order and this contract, this contract shall take precedence.

(b) Fair Opportunity for Orders.

(1) All orders in excess of the micro-purchase threshold to be issued under this indefinite delivery, indefinite quantity (IDIQ) MAC will be competed per FAR 16.505(b)(1), unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies.