N00178-16-R-0001_Z17_SOLICITATION.doc

Section B - Supplies or Services and Prices

Supplies

FFP

The Contractor shall allow for Firm-Fixed-Price type orders. The Contractor shall provide design, rapid prototyping, and technology insertion related to circuit board design and RF distribution assemblies to support the Naval Surface Warfare Center, Dahlgren Division and their assigned equipment, systems, subsystems, components, and programs in accordance with Section C, and as specified in individual delivery orders.

FOB: Destination

MAX

NET AMT

Services

CPFF

The Contractor shall allow for Cost-Plus-Fixed-Fee type orders. The Contractor shall provide fabrication services to support the Naval Surface Warfare Center, Dahlgren Division and their assigned equipment, systems, subsystems, components, and programs in accordance with Section C, and as specified in individual delivery orders.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

Data Deliverables

The Contractor shall deliver data requirements in accordance with Exhibit A, DD Form 1423, Contract Data Requirements List (CDRL). Not Separately Priced.

NET AMT

CONTRACT MIN/MAX QUANTITIES

As referred to in paragraph (b)of the “Indefinite Quantity” clause in Section I of this contract, the contract minimum quantity is a total of $50,000 worth of orders; the maximum quantity is the total value of the IDIQ contract. The maximum quantity is not to be exceeded.

CLAUSES INCORPORATED BY FULL TEXT

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

(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.

(End of Text)

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.PRIVATE (End of Text)

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (APR 2015)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs determined to be allowable, allocable and reasonable by the Procuring Contracting Officer, Administrative Contracting Officer or their duly authorized representative, as advised by 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 incidental 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 incidental 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.

(End of Text)

HQ B-2-0023 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST/FIXED PRICE) (FEB

1997)PRIVATE

This contract includes the following mixture of cost reimbursement, fixed price and Not Separately Priced line items:

Item

Type

Firm-Fixed-Price (FFP)

Cost-Plus-Fixed-Fee (CPFF)

Not Separately Priced (NSP) CR – Cost Reimbursement

FP – Fixed Price NSP – Not Separately Priced (End of Text)

Section C - Descriptions and Specifications

STATEMENT OF WORK

C.1

BACKGROUND

The Weapons Control and Integration Department (H Department), Naval Surface Warfare Center, Dahlgren Division actively supports Naval, Joint, and national needs by providing design and fabrication, rapid prototyping, and technology integration related to circuit board design and Radio Frequency (RF) distribution assemblies, synthetic rope assemblies, mechanical fabrication, and fabric assemblies.

The Weapons Control and Integration Department is responsible for the design, development, test, and fielding of maritime vessel disablement systems for the Navy. These systems include synthetic rope assemblies, fabric bags, enclosures and panels, and machined custom hardware. These systems are designed and fabricated using high strength synthetic rope produced by Samson Rope. The following is provided to show what has been used previously. One of the key rope materials used in the construction is Amsteel Blue”®” rope. Amsteel Blue”®” is used in various diameters ranging from 0.5 inches to 1.5 inches. This rope is then custom fabricated into unique geometries per government drawings and industry splicing specifications. In addition to the rope material, there are numerous custom machined mechanical parts that are required to fully build the rope assembly. Custom fabricated fabric bags, enclosures and panels are required to store and deploy the various synthetic rope assemblies from various maritime platforms. A fabric material called Herculite 80”®” is used predominately for these items and is custom cut and sewn per government drawings. Each disablement system also requires numerous custom machined parts to complete each system. Due to the harsh maritime environment, a variety of materials including stainless steel, anodized aluminum, titanium, and plastic are used judiciously to provide the appropriate material properties for the application.

The Weapons Control and Integration Department is also responsible for the design, development, fabrication, test, and delivery for various Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) systems. These systems include custom rack-mount installation kits, power/signal/RF cable sets, machined mechanical installation hardware sets, printed circuit board subassemblies, and fully functional/enclosed C4ISR subsystems. Due to the typical airborne environment, all of the products are designed to operate over a wide temperature range under high-vibration loading. The mechanical and electrical installation kits are fabricated to specifications directly from government drawings. All other systems and components are designed and fabricated using government requirements as needs arise from the sponsor’s direction. All cable sets are assembled with labels, heat shrink, and sometimes a strain relief on each termination. Long cables are laser-marked with a wire number as designated in government drawings. Mechanical hardware is generally made of aluminum, stainless steel, and various plastic materials. Due to the electrical bonding requirements and the dynamic operating environment, the aluminum parts are finished with an anodized coating, primer, or paint. Every part, component, and system undergoes Quality Assurance (QA) testing and inspections before completing government supervised acceptance measures.

C.2

SCOPE

This Statement of Work (SOW) defines the requirements for contractor support to be provided to the Naval Surface Warfare Center, Dahlgren Division. When ordered by the issuance of individual delivery/task orders, the contractor shall provide design, technical documentation, fabrication, system integration, test and evaluation, and rapid prototyping support for the systems defined in this SOW. Types of equipment may include voice and data communications, cryptographic equipment, electronic countermeasures, navigation aids, radar, and sonar, as they pertain to Electronic Warfare (EW) and RF systems. Other types of equipment or systems may include maritime vessel disablement systems, deployment systems, and electrical/mechanical systems.

C.3

REQUIREMENTS

C.3.1 Work to be performed and required deliverables shall be specifically described in delivery/task orders to be placed against the contract by the Contracting Officer or designated Ordering Officer and shall be within the parameters of one or more of the tasks described below. As defined in individual delivery/task orders, the contractor shall furnish all labor and facilities, fabricate, assemble, receive, inventory, verify, package, temporarily store and ship material and equipment necessary in the performance of these tasks except for those facilities, material, equipment, and information to be provided by the Government.

C.3.2

DESIGN

C.3.2.1 The contractor shall participate in design reviews in conjunction with NSWCDD personnel and recommend design improvements to NSWCDD personnel. The contractor shall participate in up to 20 design reviews per year.

C.3.2.2 The contractor shall design, review, and comment on proposed engineering changes, waivers, deviations, and alterations for their impact on performance, reliability, maintainability, availability, quality, safety, and life cycle cost. The contractor shall perform these reviews on the following types of items:

a) Printed Circuit Boards (PCB)

b) Electronic devices, to include analog, digital, and RF

c) Cable harnesses and assemblies, to include power, signal, and RF

d) Enclosures for electronic sub-systems

e) Custom machined mechanical hardware

f) Synthetic rope assemblies, subassemblies, and net based systems

g) Plastic and fiberglass parts

h) Custom sewn fabric bags, enclosures, and panels

i) Custom rigging and lifting assemblies to include load rated pendants and tow bridles

C.3.3

TECHNICAL DOCUMENTATION, SPECIFICATIONS, AND STANDS

C.3.3.1 The contractor shall develop, review the technical adequacy and accuracy, maintain engineering drawings and associated lists, and propose and implement changes to technical documentation, specifications, and standards and drawings (CDRL A001).

C.3.3.2 The contractor shall develop, review, revise, maintain, and monitor specifications, standards, technical data, and instructions relating to support of equipment or systems and develop recommendations for specific improvements to the following types of equipment or systems:

a) Printed Circuit Boards (PCB)

b) Electronic devices, to include analog, digital, and RF

c) Cable harnesses and assemblies, to include power, signal, and RF

d) Enclosures for electronic sub-systems

e) Custom machined mechanical hardware

f) Synthetic rope assemblies, subassemblies, and net based systems

g) Plastic and fiberglass parts

h) Custom sewn fabric bags, enclosures, and panels

i) Custom rigging and lifting assemblies to include load rated pendants and tow bridles

C.3.3.3 The contractor shall provide facilities, equipment and personnel to perform testing needed to operate these equipment or systems. This includes Burn In, Functional, and Environmental testing capabilities. The contractor shall provide test plans and test results (CDRL A004, CDRL A005).

C.3.4

FABRICATION

C.3.4.1 The contractor shall fabricate hardware, rope, and cable assemblies in accordance with specifications identified at the delivery order level. The contractor shall fabricate the following types of systems and equipment:

a) Printed Circuit Boards (PCB)

b) Electronic devices, to include analog, digital, and RF

c) Cable harnesses and assemblies, to include power, signal, and RF

d) Enclosures for electronic sub-systems

e) Custom machined mechanical hardware

f) Synthetic rope assemblies, subassemblies, and net based systems

g) Plastic and fiberglass parts, to include rapid prototyping and injection molding

h) Welding and metal fabrication, including custom machined and sheet metal parts

i) Custom sewn fabric bags, enclosures and panels

j) Custom rigging and lifting assemblies to include load rated pendants and tow bridles

C.3.4.2 The contractor shall provide painting of plastic and coating (in the form of paint, primer, or anodizing) for metal parts.

C.3.4.3 The contractor shall provide drawing packages, Bill of materials, Bracket drawings, cable drawings, wiring diagram, and schematics (CDRL A001). The contractor shall provide up to 20 drawing packages per year.

C.3.4.4 The contractor shall accept and process data files in the Pro/Engineer, Solid Works, Solid Edge, or generic IGES or STL 3-D file types, as well as the 2-D AutoCAD DWG/DXF file type.

C.3.4.5 The contractor shall assign part numbers for all the top assembly items, as well as all fabricated parts and cables schematics in a standard configuration management format.

C.3.5 SYSTEMS INTEGRATION, TEST and EVALUATION C.3.5.1 The contractor shall perform systems integration to permit the developmental testing and analytical test and data analysis for selected technologies, prototyped capabilities, and related systems that require evaluation by the Government. The contractor shall integrate subassembly hardware, develop system and component test plans, develop test data collection and analysis plans, conduct testing, and document test results (CDRL A004, CDRL A005).

C.3.6

RAPID PROTOTYPING

C.3.6.1 The contractor shall conduct rapid prototype development. The contractor shall develop systems, including electrical and mechanical systems across a variety of technical areas including voice and data communications, cryptographic equipment, electronic countermeasures, navigation aids, radar, and sonar, RF systems, maritime vessel disablement systems, deployment systems, and electrical/mechanical systems.

C.3.6.2 The contractor shall refine conceptual designs through a build-test-build cycle to mature prototype systems into fieldable systems. The contractor shall review designs and recommend improvements to NSWCDD based upon prototype testing.

C.3.6.3 The contractor shall conduct hardware and mechanical engineering support in the development and fabrication of electrical and mechanical components to support system development and design. The Contractor shall provide system architecture engineering research and support in the development and implementation of new architecture designs.

C.3.7

TASKING METHOD AND MANAGEMENT

C.3.7.1 Each requirement placed against the Basic Contract will be in the form of a Delivery Order (DO)/Task Order (TO) containing its own Statement of Work (SOW) and applicable Contract Data Requirements List (CDRLs). Each DO/TO SOW will describe the specifics of the requirement with respect to performance, end item deliveries, delivery schedules, performance milestones, Government reviews, and travel. DO/TOs may be written against any portion of this SOW.

C.3.7.2 The contractor shall provide a status report (CDRL A002) for each Cost-Type Delivery Order.

C.3.7.3 The contractor shall participate in both formal and informal IPRs of work being performed. IPRs may be conducted at the overall contract level or for specific delivery orders. Reviews will be scheduled by the Government. At the time the review is scheduled, the Government will communicate the specific purpose of the review. An initial formal IPR is planned within 60 days of the contract award date and will follow the agenda agreed to by the contract's COR. Subsequent formal IPRs shall be held approximately every 90 days thereafter unless waived by the Government (CDRL A003).

C.3.8

GOVERNMENT FURNISHED EQUIPMENT/INFORMATION (GFE/GFI)

Each Delivery Order issued by the Government will specify and describe the Government furnished equipment, information, data, documentation, and facilities.

C.3.9

QUALITY ASSURANCE REQUIREMENTS

C.3.9.1 The contractor shall, at a minimum, be ISO9001-2008 certified. The following quality assurance items are required:

MIL-I-45208A Inspection System

Testing and Burn-in capabilities

Electrostatic Discharge (ESD) Program in accordance with MIL-STD-1686C

Calibration System in accordance with MIL-STD-45662

Receiving Inspection Control

First Article Inspection, In-Process Inspection, & Final Inspection

Test Monitoring

Inspection of Packaging and Shipping

C.3.9.2 Workmanship shall be performed in conformance with IPC A-610C criteria, classes 1, 2, and 3. Visual Inspection and Electrical Testing failure data shall be acquired from all operations and logged by Assembly Serial Number. Summary reports should indicate Yield Rates by assembly Type and Operation, and chart defect Types should be in order of magnitude by Assembly Type and Component Location. Systems shall be in place to ensure full Component and Product traceability and in-house history.

C.4

TRAVEL

C.4.1 The contractor shall be required to travel in performance of CLIN 0002. 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 shall be pre-approved by the COR. The travel to the following locations is anticipated:

Dahlgren, VA (up to 3 times per year)

Patuxent River, MD

C.4.2 The Government may identifiy NTE ODC Material Costs for individual delivery orders issued under this effort. These costs are expected to provide for equipment, hardware, test consumables, machined items/ prototypes, training and/or shipping.

C.4.3 The Contractor will be responsible for providing a complete price or costs analysis of associated material costs. 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. 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 for review and approval.

C.4.4 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.

C.5

SECURITY

C.5.1 Personnel providing direct support to this effort are not required to have a clearance. All deliverables associated with this contract are unclassified.

C.5.2 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.

C.5.3 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.5.4 PORTABLE ELECTRONIC DEVICES (PEDs)

C.5.4.1 Non-government and/or personally owned portable electronic devices (PEDs) are prohibited in all NSWCDD buildings with the exception of personally owned cell phones which are authorized for use in spaces up to and including Controlled Access Areas. The Contractor shall ensure the onsite personnel remain compliant with this PED policy. NSWCDD instruction defines PEDS as the following: any electronic device designed to be easily transported, with the capability to store, record, receive or transmit text, images, video, or audio data in any format via any transmission medium. PEDS include, but are not limited to, pagers, laptops, radios, compact discs and cassette players/recorders. In addition, this includes removable storage media such as flash memory, memory sticks, multimedia cards and secure digital cards, micro-drive modules, ZIP drives, ZIP disks, recordable CDs, DVDs, MP3 players, iPADs, digital picture frames, electronic book readers, kindle, nook, cameras, external hard disk drives, and floppy diskettes.

C.5.4.2 PEDs belonging to an external organization shall not be connected to NSWCDD networks or infrastructure without prior approval from the NSWCDD Information Assurance and Compliance Branch, Code 1043. This approval will be granted using the TARIS form and action tracker process.

C.5.4.3 Personally owned hardware or software shall not be connected or introduced to any NSWCDD hardware, network or information system infrastructure.

MANDATORY REQUIREMENTS:

Requirement 1: Facility location:

The Offeror’s design and manufactoring facility supporting this contract must be located within 60 miles of Dahlgren, VA.

Requirement 2: Quality Assurance Requirements:

The Offeror must meet the Quality Assurance Requirements (QAR) as stated in Section C of the Statement of Work, which includes being ISO9001-2008 certified.

DIGITAL DELIVERY OF DATA

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 information (i.e., 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 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 “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.

ENTERPRISE WIDE CONTRACTOR

ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

(a) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Naval Surface Warfare

Center Dahlgren Division via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

(b) Reporting inputs will be for the labor executed during the period of performance during each

Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

CLAUSES INCORPORATED BY FULL TEXT

HQ C-1-0001 ITEM(S) - DATA REQUIREMENTS (NAVSEA) (SEP 1992)PRIVATE

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)

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-2-0011 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. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.

(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract to restrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount of copies that can be made.

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.

(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legends apply to the extent possible. Such legends shall also be placed in human readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.

(End of Text)

Applicable to all procurements when computer software and/or computer databases are delivered to and/or received from the Government.

HQ C-2-0032 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT - ALTERNATE II (NAVSEA) (MAY 1993)PRIVATE

(a) NAVSEA Form 4340/2 or Schedule C, as applicable, Government Furnished Information, attached hereto, incorporates by listing or specific reference, all the data or information which the Government has provided or will provide to the Contractor except for -

(1) The specifications set forth in Section C, and

(2) Government specifications, including drawings and other Government technical documentation which are referenced directly or indirectly in the specifications set forth in Section C and which are applicable to this contract as specifications, and which are generally available and provided to Contractors or prospective Contractors upon proper request, such as Federal or Military Specifications, and Standard Drawings, etc.

(b) Except for the specifications referred to in subparagraphs (a)(1) and (2) above, the Government will not be obligated to provide to the Contractor any specification, drawing, technical documentation or other publication which is not listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, notwithstanding anything to the contrary in the specifications, the publications listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, the clause entitled "GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS)" (FAR 52.245-2), or "GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS)" (FAR 52.245-5), as applicable, or any other term or condition of this contract.

(c)(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule C, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (c)(1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, an equitable adjustment shall be made in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.

HQ C-2-0037 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (JUL 2000) PRIVATE

(a) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises.

(b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of three years after completion of performance of this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion of performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performed under this contract. This exclusion does not apply to any recompetition for those systems, components or services furnished pursuant to this contract. As provided in FAR 9.505-2, if the Government procures the system, component, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the three year period following completion of this contract has lapsed, the Contractor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate this contract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default.

(i) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final.

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the United States Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from participating in any research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government's interest.

(l) The Contractor shall include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contractor" where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

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

(End of Text)

HQ C-2-0051 SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994) PRIVATE

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements.

All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only.

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)PRIVATE

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

(End of Text)

Section D - Packaging and Marking

ADDITIONAL PACKAGING LANGUAGE

CLIN Items 0001 – 0003 All requirements for packaging and marking of supplies and documents delivered in performance of services shall be package and marked in accordance with the provision set forth below unless otherwise indicated in individual Task/Delivery Orders.

CLAUSES INCORPORATED BY FULL TEXT

HQ D-1-0001 DATA PACKAGING LANGUAGE

All unclassified data shall be prepared for shipment in accordance with best commercial practice.PRIVATE Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.

(End of Text)

HQ D-1-0002 PACKAGING LANGUAGE (W/O MILITARY SPECIFICATIONS)

Item(s) 00001 The supplies furnished hereunder shall be packaged in accordance with best commercial practice.PRIVATE (End of Text)

HQ D-2-0004 IDENTIFICATION MARKING OF PARTS (NAVSEA) (NOV 1996)PRIVATE

Identification marking of individual parts within the systems, equipments, assemblies, subassemblies, components, groups, sets or kits, and of spare and repair parts shall be done in accordance with applicable specifications and drawings. To the extent identification marking of such parts is not specified in applicable specifications or drawings, such 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.

HQ D-2-0008 MARKING OF REPORTS (NAVSEA) (SEP 1990)PRIVATE

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) name and business address of the Contractor

(2) contract number

(3) contract dollar amount

(4) whether the contract was competitively or non-competitively awarded

(Name of Individual Sponsor)

(Name of Requiring Activity)

(City and State)

Section E - Inspection and Acceptance

QASP

E.4 PERFORMANCE TASK ORDER REVIEW AND ACCEPTANCE PROCEDURES - THE QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

E.4.1 The contractor’s performance in each of the task areas of Statement Of Work will be continually monitored in conjunction with the Contractor Performance Assessment Reporting System (CPARS) and the criteria set forth below. The results of this evaluation will factor into the contractor’s CPARs evaluation, which is accomplished on an annual basis. The evaluation will be based on contractor performance during the previous year. The primary Government official responsible for the QASP evaluation is the Contracting Officers Representative (COR) for the contract. Other Government individuals having information relevant to the quality of contractor performance may assist the COR, as necessary.

E.4.2 Contractor performance will be assessed on a continuing basis throughout the year based on review and assessment of products and deliverables (technical and management), by observation of personnel during technical meetings and task execution, by monthly progress and status reports for the Contractor, formal In-Progress Reviews, and general contacts with the contractor.

E.4.3 Contractor performance will be evaluated in five general areas. A rating of Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory (as defined in FAR 42.1503) will be assigned to each area. These general areas are described below. The items identified under each area represent the types of considerations to be addressed. They should not be considered an exclusive list. The degree of Government technical direction necessary to solve problems that arise during performance will be a consideration for each area. Improvements made in an area during the evaluation period will also be considered as will degradation in the overall quality of performance.

E.4.3.1 Quality of Product or Service – Addresses the extent to which the contractor (a) met contract technical requirements, including the accuracy (information conveyed by products and services are factually accurate and, where applicable, annotated with supporting source) and completeness of reports/ data delivered (products are complete, well coordinated with all related managers and personnel, and presented in concise and understandable format); (b) employed methods and approaches to ensure fully successful performance; (c) consistently conveyed his intended approach clearly and completely to ensure that there were no surprises; (d) was proactive and demonstrated initiative; (e) remained flexible to internal or external changes; (f) was effective in developing and implementing process improvements to make the end product development more efficient and the end product display more effective and (g) Services are provided in a professional unbiased manner.

E.