N00178-14-R-2016_Design_Agent_RFP.pdf

CODE

(Hour)

PAGE(S)

until 12:00 PM local t ime 30 Sep 2014

X

A X B X C X D

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G F 91 - 107

108 - 140 X H 141

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)

1 141

(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.

N00178 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 see notes in Section B conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 33 34 - 35

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

36 - 47

48 - 49 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 50 - 57 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 58 - 67 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

68 - 89

PART II - CO NTRACT CLAUSES

NSWCDD

ATTN: A. POMEROY CS30-12

ANGELA.POMEROY@NAVY.MIL

17632 DAHLGREN ROAD STE 157

DAH;GREN VA 22485

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

19 Aug 2014

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00178-14-R-2016

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Hours

Base Period - Labor

CPIF

Design Agent AN/USQ-82(V) and Technical Engineering Services support in accordance with Section C - PWS.

FOB: Destination

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

0002 Lot

Base Period - ODCs

COST

ODCs for Design Agent AN/USQ-82(V) and Technical Engineering Services support.

ESTIMATED COST

0003 Lot

Base Period - CDRLs

CDRL Data in accordance with DD Form 1423, Contract Data Requirements List, Section J (Exhibit A).

0004 Hours

OPTION Option Period 1 - Labor

CPIF

Design Agent AN/USQ-82(V) and Technical Engineering Services support in

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

0005 Lot

OPTION Option Period 1 - ODCs

COST

ODCs for Design Agent AN/USQ-82(V) and Technical Engineering Services

0006 Lot

OPTION Option Period 1 - CDRLs

CDRL Data in accordance with DD Form 1423, Contract Data Requirements List, Section J (Exhibit A)..

0007 Hours

OPTION Option Period 2 - Labor

CPIF

Design Agent AN/USQ-82(V) and Technical Engineering Services support in

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

0008 Lot

OPTION Option Period 2 - ODCs

COST

ODCs for Design Agent AN/USQ-82(V) and Technical Engineering Services

0009 Lot

OPTION Option Period 2 - CDRLs

CDRL Data in accordance with DD Form 1423, Contract Data Requirements List, Section J (Exhibit A).

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this 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 $500 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

HQ B-2-0007 LIMITATION OF COST OR LIMITATION OF FUNDS LANGUAGE

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

HQ B-2-0010 NOTE (OPTION)

NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.

HQ-B-2-0015 PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of effort type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable, and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.

HQ B-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (DEC 2005)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incident to relocation are allowable to the extent provided in FAR 31.205-35;

however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incident to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

NOTES

NOTE 1: PROPOSAL SUBMISSION DATE

The offeror shall submit their proposal electronically via email to angela.pomeroy@navy.mil and copy the Contracting Officer at aninze.awanna@navy.mil before 12:00 pm (Noon) on 30 September 2014.

NOTE 2: LABOR HOURS (HR)

At the time of award, the number of hours listed (0.0 HR) in the Base Period and Option Periods 1 and 2 will be changed to coincide with the Level of Effort provided in Section H, SEA 5252.216-9122 Level of Effort clause and the number of hours reflected in the cost proposal of the offeror.

NOTE 3: OPTION CLAUSE

The “OPTION TO EXTEND THE TERM OF THE CONTRACT” clause in Section I applies only to the Options CLIN(s).

NOTE 4: ODCs

Unburdened travel costs are specified in Section L. Materials, if proposed, will be limited to those approved at time of award.

NOTE 5: CDRLs

The offeror shall complete the “Price Group” and “Estimated Total Price” blocks of each data item on the Contract Data Requirements Lists (CDRLs), attached hereto.

NOTE 6: NOT SEPARATELY PRICED

Price for Not Separately Priced (NSP) items shall be included in the price of Labor CLIN(s)

B.1 TYPE OF ORDER

This is a term (Level of Effort) type order.

Items in the 0001, 0004 and 0007 series are Cost-Plus-Incentive-Fee (CPIF) type.

Items in the 0002, 0005 and 0008 series are Cost only, excluding fee.

mailto:angela.pomeroy@navy.mil mailto:aninze.awanna@navy.mil

Items in the 0003, 0006 and 0009 series are Not Separately Prices (NSP) items and shall be included in the price of Labor CLIN(s).

B.2 ADDITIONAL CLINS

Additional CLINs may be unilaterally created by the Contracting Officer during the performance of this contract to accommodate the multiple types of funds that may be used under this contract. These modifications will not change the overall level of effort, estimated cost or incentive fee of the contract.

B.3 INCENTIVE FEE

Upon award, the Offeror’s proposed Maximum Incentive Fee and Target Fee percentages, if less than the solicitation stated thresholds, will be incorporated in FAR clause 52.216-10 INCENTIVE FEE in Section I.

(1) The final target cost, target fee amounts shall be based on the actual level of effort the contractor provides as explained in the following paragraphs.

CPIF LABOR ITEMS LABOR HOURS TARGET COST TARGET FEE NTE

x.x%

TOTAL TARGET

COST/FEE

AMOUNT

0001 TBD $TBD $TBD $TBD

0001 Rate/Hour (leave blank) $Per Hour Fee Per Hour Total Labor

0004 TBD $TBD $TBD $TBD

0004 Rate/Hour (leave blank) $Per Hour Fee Per Hour Total Labor

0007 TBD $TBD $TBD $TBD

0007 Rate/Hour (leave blank) $Per Hour Fee Per Hour Total Labor

*The Offeror shall not propose a target fee in excess of 6.0%.

(a) The final CPIF target cost for CLIN 0001 and (if and to the extent Options are exercised)

Option CLINs 0004 and 0007 shall be determined by multiplying the allowable hours worked, including subcontractor hours, under the CLIN by the rate/hour in the target cost column including cost of money, the preceding table.

(b) The final CPIF target fee for CLIN 0001 and (if and to the extent Options are exercised) Option CLINs 0004 and 0007 shall be determined by multiplying the allowable hours worked, including subcontractor hours, under the CLIN by the rate/hour in the target fee column including cost of money, the preceding table.

CLAUSES INCORPORATED IN FULL TEXT

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified cost.

HQ B-2-0021 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (NAVSEA) (FEB 1997)

This entire contract is cost reimbursable. The Labor CLINs are Cost-Plus-Incentive-Fee (CPIF) and ODC CLINs are Cost Only.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

C.1 BACKGROUND

AN/USQ-82(V) is a shipboard network which transfers mission critical data to and from users associated with machinery, steering, navigation, alarms & indicators, damage control systems and combat systems. Inherent in the network are data processing functions which implement format translation and redundancy, among other functions.

The system was developed, and is produced and maintained under an ACAT III Program of Record administered through NAVSEA 05H. The system has been installed on all DDG 51 Class new construction and is planned for all future DDG 51 Class new construction. Newer variants of the system are the foundation for DDG 51 Class modernization programs, both Flight I/II and Flight IIA. Smaller variants of the system are installed on and under consideration for upgrade and/or additional installations on US Navy LHD platforms, platforms in three foreign Navies, and AEGIS Ashore. Continued development of the system in conjunction with other developing capabilities to be implemented on the above described and other platforms is anticipated through at least FY26.

C.2 SCOPE

The Contractor shall provide Design Agent and technical engineering services for the AN/USQ-82(V) Program.

C.3 APPLICABLE DOCUMENTS

NAVSEA Specifications:

DMS 500.8 Prime Item Development Specification for the AN/USQ-82(V) DMS

FODMS 400.3 FODMS, Specification for the AN/US-82(V)

GEDMS 300.1 GEDMS, Specification for the AN/USQ-82(V)

C.4 REQUIREMENTS

C.4.1 Product Improvements and/or Changes

C.4.1.1 Product Improvements

The contractor shall provide engineering services to develop product improvements, specifically for safety, cost reduction, performance, availability, compatibility, commonality, reliability, maintainability, or simplification objectives. The contractor shall provide review and/or recommend changes to Program and/or ship documents.

Review comments and/or recommendations shall be provided in accordance with A004, A005. The Contractor shall consider safety requirements using MIL-STD-882. Firmware and software products shall be released in accordance with the contractor’s formal product release processes. Reporting on these product development efforts shall be in accordance with A006, A007, and A009.

C.4.1.2 Product Deficiencies

The contractor shall conduct engineering investigations and analyses for the purpose of identifying/characterizing system deficiencies, and shall develop corrective designs and/or solutions to product deficiencies. The contractor shall conduct analyses, testing, and prototyping if necessary, in order to present tested solutions to product deficiencies. Firmware and software products shall be released in accordance with the contractor’s formal product release processes. Reporting on these product development efforts shall be in accordance with A006, A007.

C.4.2 Documentation Updates

The contractor shall perform documentation updates. Updates to the AN/USQ-82(V) Technical Data Package (TDP) shall be pursuant to and in accordance with Government change approval and Contractor configuration control procedures. Other included documentation updates not part of the TDP are maintenance/provisioning technical documentation, and software documentation/licenses. The contractor shall deliver TDP status and/or inventory reports as requested in accordance with A007. The contractor shall deliver the TDP in its entirety upon request in accordance with A014. The contractor shall deliver software/firmware products upon request in accordance with A013. TDP updates shall be delivered in accordance with A003.

C.4.3 Field Engineering

C.4.3.1 Fleet

The contractor shall provide Fleet field engineering services. This includes work shipboard and dockside, as well as work at the contractor facility, performing or in support of system installation and checkout (INCO), Post- Shakedown Availability (PSA), maintenance availability periods and other shipboard activities. Work at the contractor facility in support of the above activities shall include data analysis, other engineering analyses, investigation, or testing. Reporting on these field engineering efforts shall be in accordance with A006, A007.

C.4.3.2 Land-Based

The contractor shall provide engineering services at land based sites to resolve deficiencies and support testing and/or training. This includes work at land-based facilities as well as work at the contractor facility, performing or in support of testing, training and other land-based activities. Work at the contractor facility in support of the above activities shall include data analysis and other engineering analyses, investigation, test, or maintenance and repair of land-based hardware. Reporting on these field engineering efforts shall be in accordance with A006, A007.

C.4.4 Tools, Equipment and Materials

The contractor shall ensure that necessary equipment, software, tools and materials are available and maintained in order to execute the activities specified in this work statement. Initial Government Furnished Equipment and Materials lists are incorporated herein as Attachment J.4. Purchase of materials or parts in support of obsolescence management may be included. GFE/M may be provided by the Government or material/equipment may be authorized for purchase by the Government, as appropriate, in support of this task. The contractor shall provide a Status of Government Furnished Equipment Report in accordance with CDRL A015. The contractor shall report purchases in accordance with A007.

C.4.5 Engineering Change Proposals (ECPs), Specification Change Notices (SCNs) and Requests for Deviation/Waiver (RFD/W)

The contractor shall prepare, distribute, review and submit Engineering Change Proposals (ECPs) and Specification Change Notices, as necessary, to resolve deficiencies and/or implement improvements. ECPs shall be submitted in accordance with A008. SCNs shall be submitted in accordance with A009. The contractor shall prepare, distribute, review and submit RFD/Ws, as necessary, where such requests are applicable Program wide and not specifically related to a production effort, in accordance with A010, A011.

C.4.6 Production Support

C.4.6.1 Production Readiness

The contractor shall conduct production readiness efforts to ensure prototype developments being readied for production can be produced reliably and efficiently. This includes development and delivery of applicable process documentation, test documentation, functional test software, logistics planning documentation, and completion of all technical data package elements. Material shall be delivered in accordance with A003, A004, A005.

C.4.6.2 Production Facility Support

The contractor shall provide to both qualified manufacturers, DRS Technologies Inc. and The Boeing Company, all information and software needed for production. A description of material and information provided shall be in accordance with A007.

C.4.6.3 Obsolescence

The contractor shall conduct an obsolescence monitoring program which identifies production issues associated with parts obsolescence. A status of obsolescence issues shall be delivered in accordance with A007.

C.4.7 Adaptation Data Development and Maintenance

The contractor shall provide services to maintain the AN/USQ-82(V) Adaptation Data Database which details the unique network and network user system configuration on each Fleet and land-based system. The contractor shall provide services to create and deliver to the In Service Engineering Agent (ISEA) all new Adaptation Data sets in support of network changes on operational hulls as necessary/directed, usually during CNO availabilities. The contractor shall provide updated Adaptation Data sets and on-site installation, checkout and troubleshooting as necessary for land-based test sites and/or New Construction Field Engineers. A summary of Adaptation Data Sets delivered shall be in accordance with A007.

C.4.8 System Design

The contractor shall develop and deliver AN/USQ-82(V) network designs in support of emerging or changing network user requirements to ensure the successful integration of those users and interoperability with existing network users in accordance with A007. The contractor shall develop and deliver Interface Design Descriptions (IDDs) for network users as directed in accordance with item A012. The contractor shall review and comment on user designs and specifications as requested.

C.4.9 Informational Briefs and White Papers

The contractor shall develop and deliver informational briefs and/or white papers, as directed, related to the efforts in this contract, in accordance with A007.

C.4.10 Integrated Logistics Support (ILS)

The contractor shall provide AN/USQ-82(V) Integrated Logistics Support (ILS) services, including development of Interactive Electronic Technical Manual (IETM) material and Logistics Product Data (LPD). IETM material shall be delivered in accordance with A002. LPD shall be delivered in accordance with A001.

C.5 TRAVEL

The contractor will be required to travel in performance of this task order. The numbers of trips and types of personnel traveling shall be limited to the minimum required to accomplish work requirements and shall be coordinated with the COR. All travel shall be conducted in accordance with FAR 31.205-46 Travel Costs and the Federal Travel Regulations (FTR). The following travel is anticipated for the base year and each option year:

Destination Number of Trips

Duration (days)

Purpose

Navy Yard, Washington, DC 2 5 Program coordination.

BIW, Bath, ME 4 5 Field Engineering, INCO HII, Pascagoula, MS 4 5 Field Engineering, INCO Shipyard, Norfolk, VA 2 5 Field Engineering, INCO Shipyard, San Diego, CA 2 5 Field Engineering, INCO NAVSSES, Phil., PA 10 10 Integration Testing GEDMS Schoolhouse, Dam Neck, VA 1 5 Field Engineering, Training DMS Schoolhouse, Great Lakes, MI 1 5 Field Engineering, Training AWD LTSF, Australia 1 10 Integration Testing, INCO AWD Homeport, Australia 1 10 Integration Testing, INCO JMSDF Homeport, Yokusuka 1 10 Integration Testing, INCO KDX Homeport, Korea 1 10 Integration Testing, INCO DRS, Johnstown, PA 1 5 Production coordination

C.6 RESERVE

C.7 SECURITY

C.7.1 Contractor should have a facility clearance of SECRET, with SECRET safeguarding capabilities.

Personnel providing direct support to this effort shall be cleared to the level of Secret. Access to classified spaces and handling of classified material shall be in accordance with Attachment J.1, DD Form 254.

C.7.2 Electronic Spillages (ES) are unacceptable and pose a risk to national security. An electronic spillage is defined as classified data placed on an information system (IS), media or hardcopy document possessing insufficient security controls to protect the data at the required classification level, thus posing a risk to national security (e.g., sensitive compartmented information (SCI) onto collateral, Secret onto Unclassified, etc). The contractor's performance as it relates to ES will be evaluated by the Government. ES reflects on the overall security posture of

NSWCDD and a lack of attention to detail with regard to the handling of classified information of IS security discipline and will be reflected in the contractor's performance rating. In the event that a contractor is determined to be responsible for an ES, all direct and indirect costs incurred by the Government for ES remediation will be charged to the contractor.

NSWCDD Security will continue to be responsible for the corrective action plan in accordance with the security guidance reflected on the DOD Contract Security Classification Specification - DD254. NSWCDD Security will identify the contractor facility and contract number associated with all electronic spillages during the investigation that involve contractor support. NSWCDD Security will notify the Contracts Division with the contractor facility name and contract number, incident specifics and associated costs for clean up. The Contracting Officer will be responsible to work with the Contractor Facility to capture the costs incurred during the spillage clean up. The Contractor is also responsible for taking Information Security Awareness training annually, via their Facility Security Officer (FSO), as part of the mandatory training requirements. If a spillage occurs additional training will be required to prevent recurrence.

C.8 GOVERNMENT FURNISHED PROPERTY (GFP)

Extensive GFP resides on the predecessor Design Agent and Technical Services Contract, N00178-09-C-2005, and will be required to execute this contract. That property will be transferred to this contract at time of award.

C.9 GOVERNMENT FURNISHED INFORMATION (GFI)

The AN/USQ-82(V) TDP is GFI which will be required for execution of this contract. The repository for the TDP is at the contractor facility; hence the contractor is in possession of that GFI. From time to time additional GFI will be required which is not specifically identifiable now. The information may be provided from the Program Office, the In Service Engineering Agent, or other Government activities. Examples are as follows:

1) Data or information to accompany defective or other hardware for troubleshooting or analyses.

2) Emergent user requirements for system design.

C.10 MANDATORY REQUIREMENTS

Requirement 1: Facility Security Clearance: The contractor’s primary facility for supporting this task order must be cleared at the SECRET level for both information processing and storage.

Requirement 2: Security Clearances: All personnel providing technical* support under this requirement must possess JPAS clearances at the SECRET level or higher. Interim clearances are acceptable.

*Technical personnel are identified as personnel providing direct technical support; this excludes general administrative personnel. The technical personnel for this requirement includes the individuals performing in the Key Personnel and non-Key Personnel labor categories as described in Section H.

C.11 NON-PERSONAL SERVICES/INHERENTLY GOVERNMENTAL FUNCTIONS

(a) The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The Government will not direct the hiring, dismissal or reassignment of contractor personnel. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception that personal services are being provided. If the contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer immediately in accordance with the clause 52.243-7.

(b) Inherently-Governmental functions are not within the scope of this Task Order. Decisions relative to programs supported by the contractor shall be the sole responsibility of the Government. The contractor may be required to attend technical meetings for the Government; however, they are not, under any circumstances, authorized to represent the Government or give the appearance that they are doing so.

C.12 CONTROL OF CONTRACTOR PERSONNEL

The contractor shall comply with the requirements of NAVSEA and NSWCDD instructions regarding performance in Government facilities. All persons engaged in work while on Government property shall be subject to search of their persons (no bodily search) and vehicles at any time by the Government, and shall report any known or suspected security violations to the appropriate Security Department. Assignment, transfer, and reassignment of contractor personnel shall be at the discretion of the contractor. However, when the Government directs, the contractor shall remove from contract performance any person who endangers life, property, or national security through improper conduct. All contractor personnel engaged in work while on Government property shall be subject to the Standards of Conduct contained in SECNAVINST 5370.2J.

C.13 DIGITAL DELIVERY OF DATA

(a) Delivery by the Contractor to the Government of certain technical data and other information is now frequently required to be made in digital form rather than in hardcopy form. The method of delivery of such data and/or other information (i.e., in electronic, digital, paper hardcopy, or other form) shall not be deemed to affect in any way either the identity of the information (i.e., as “technical data” or “computer software”) or the Government’s and the Contractor’s respective rights therein.

(b) Whenever technical data and/or computer software deliverables required by this contract are to be delivered in digital form, any authorized, required, or permitted markings relating to the Government’s rights in and to such technical data and/or computer software must also be digitally included as part of the deliverable and on or in the same medium used to deliver the technical data and/or software. Such markings must be clearly associated with the corresponding technical data and/or computer software to which the markings relate and must be included in such a way that the marking(s) appear in human-readable form when the technical data and/or software is accessed and/or used. Such markings must also be applied in conspicuous human-readable form on a visible portion of any physical medium used to effect delivery of the technical data and/or computer software. Nothing in this paragraph shall replace or relieve the Contractor’s obligations with respect to requirements for marking technical data and/or computer software that are imposed by other applicable clauses such as, where applicable and without limitation, DFARS 252.227-7013 and/or DFARS 252.227-7014.

(c) Digital delivery means (such as but not limited to Internet tools, websites, shared networks, and the like) sometimes require, as a condition for access to and/or use of the means, an agreement by a user to certain terms, agreements, or other restrictions such as but not limited to “Terms of Use,” licenses, or other restrictions intended to be applicable to the information being delivered via the digital delivery means. The Contractor expressly acknowledges that, with respect to deliverables made according to this contract, no such terms, agreements, or other restrictions shall be applicable to or enforceable with respect to such deliverables unless such terms, agreements, or other restrictions expressly have been accepted in writing by the Contracting Officer; otherwise, the Government’s rights in and to such deliverables shall be governed exclusively by the terms of this task order.

C. 14 IDENTIFICATION BADGES

The contractor shall be required to obtain identification badges from the Government for all contractor personnel to be located on Government property. The identification badge shall be visible at all times while employees are on Government property. The contractor shall furnish all requested information required to facilitate issuance of identification badges and shall conform to applicable regulations concerning the use and possession of the badges.

The contractor shall be responsible for ensuring that all identification badges issued to contractor employees are returned to the appropriate Security Office within 48 hours following completion of the Task Order, relocation or termination of an employee, and upon request by the Contracting Officer.

C.15 SHIPBOARD PROTOCOL

This contract will involve working onboard U.S. and/or foreign naval ships or vessels. As such, the Contractor is reminded of its responsibility to assure that shipboard protocol is stringently followed. Specifically, visit requests must be arranged through the Government sponsor and must be forwarded to the individual command being visited as well as to all supporting commands, such as the base, squadron, tender, etc. that the visitor must pass through to get to the ship or vessel; the Contractor is responsible for obtaining and maintaining specialized training (i.e., nuclear awareness, safety, quality control, etc.) and certification (i.e., SUBSAFE certification etc); personnel performing onboard U.S. Navy ships must have at least a SECRET security clearance; if not led by a Government representative, the Contractor is responsible for briefing the ship/command upon arrival; and, the Contractor is responsible for debriefing the ship/command upon departure to include the operational status of the equipment.

The contractor shall ensure that its personnel adhere to these requirements when performing shipboard. Compliance shall be reported in the monthly report (CDRL A007).

All personnel working shipboard shall possess at least a SECRET security clearance.

All personnel, while shipboard, shall conform to the rules and regulations of the ship. It is the responsibility of the Contractor to determine the proper rules, regulations, actions policy, and procedures.

Alarms – actual or drill shall be reported and procedures appropriately adhered.

Safety - hardhats, tag-outs, safety shoes, goggles, safety harnesses, etc. as appropriate shall be utilized.

Some shipboard tasking may require ascending and descending vertical ladders to and from the highest points of the ship both pier side and underway.

Must be able to stand; walk; climb stairs; balance; stoop; kneel; crouch or crawl around and life a maximum of 50 lbs. (single person) in the test environment.

HAZMAT – bringing hazardous materials aboard, using hazardous materials is strictly prohibited.

The designated team lead shall, upon arrival, brief the Commanding Officer or his/her designated representative as to the purpose of the visit and expected duration.

The designated team lead shall, upon departure, debrief the Commanding Officer or his/her designated representative as to the success of the work performed.

The Contractor shall comply with COMUSFLTFORCOM/COMPACFLT INSTRUCTION 6320.3A regarding the medical and dental screening of all personnel that may embark aboard any U.S. Navy vessel.

The Contractor shall ensure that repair and maintenance employees working aboard vessels, dry docks and piers shall have a valid 10 hour OSHA Maritime Shipyard Employment Course $7615 completion card within 60 days of employment.

OTHER DIRECT COSTS (ODCS)

Supporting Documentation Requirements - The Government has identified NTE ODC Material Costs for this effort.

These costs are expected to provide for travel, material and fabrication costs associated with prototypes, testing equipment, hardware validation, obsolescence, trouble shooting and system design related development and repairs.

The Contractor will be responsible for providing a complete price or costs analysis of associated material costs and/or components. This analysis will thoroughly support a determination that the prices are fair and reasonable and how that conclusion was made. Proposal analysis guidelines in FAR 15.404 outline acceptable procedures that can be used to evaluate these prices/costs. This analysis will thoroughly support a determination that the prices are fair and reasonable and how that conclusion was made. The Contractor shall not enter into any binding agreements with suppliers until the Government has reviewed and concurred with this analysis. The analysis will be submitted electronically to the COR and the Contract Specialist for review and approval. The Contractor’s Status Report, CDRL A007, will note any approvals received for the reporting period and any outstanding submissions awaiting government approval. A letter authorizing the contractor the use of Government Supply Sources, when applicable, will be provided.

Other items related to Program Support materials needs should be identified in the initial proposal as being a direct charge or as being covered under indirect rates. All such direct charge ODCs shall be fully supported in the initial proposal and must be determined fair and reasonable.

Ddl-C30 HAZARDOUS MATERIALS USED ON GOVERNMENT SITE

(a) This clause applies if hazardous materials are utilized at any time during the performance of work on a Government site under this contract. Hazardous materials are defined in Federal Standard No. 313 and include items such as chemicals, paint, thinners, cleaning fluids, alcohol, epoxy, flammable solvents, or asbestos.

(b) The contractor shall have an active Hazard Communication Program in place for all contractor employees per 29 C.F.R. 1910.1200. Before delivery of any hazardous materials onto Government property, the Contractor shall provide both the Contracting Officer and the Contracting Officer's Representative (COR) with an inventory and Material Safety Data Sheet (MSDS) for these materials.

Ddl-C41 TERMINATION OF EMPLOYEES WITH NSWCDD BASE ACCESS

The contractor shall insure that all employees who have a NSWCDD badge and/or bumper sticker turn-in the badge and remove the bumper sticker immediately upon termination of their employment under this contract. The above requirement shall be made a part of the standard employee facility clearance procedures for all separated personnel.

The contractor shall advise NSWCDD Physical Security of all changes in their contract personnel requiring NSWCDD base access.

For involuntarily separated personnel and those separated under adverse circumstances, the contractor shall notify NSWCDD Physical Security in advance of the date, time and location where the NSWCDD representative may physically remove the employee’s automobile bumper sticker and retrieve the NSWCDD badge prior to the employee departing the contractor’s facility. In the event the employee is separated in his or her absence, the contractor shall immediately notify NSWCDD Physical Security of the separation and make arrangements between the former employee and NSWCDD Physical Security for the return of the badge and removal of the sticker.

HQ C-1-0001 ITEM(S) - DATA REQUIREMENTS (NAVSEA)

(SEP 1992)

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

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE

(NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, and be permitted, within the plant and on the vessel(s) to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

HQ C-2-0005 ACCESS TO VESSELS BY NON U.S. CITIZENS (NAVSEA)

(DEC 2005)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by COMNAVSEA or his designated representative that such access should be permitted in the best interest of the United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST

5500.3 (series) in effect on the date of this contract or agreement.

(b) If the Contractor desires to employ non U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access Control Plan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.

(3) Data reflecting the number, nationality, and positions held by non U.S. citizen employees, including procedures to update data as non U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.

(c) To request approval for non U.S. citizens of hostile and/or communist controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22 M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for the above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-U.S. citizens of hostile and/or communist-controlled countries.

(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approved ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated or default in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR 52.249-8), "DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or "TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable.

(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.

(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.

(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to the Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.)

HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S)

DELIVERED TO AND/OR RECEIVED FROM THE

GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.

(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract.