N0017821R4410.pdf

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65 - 77 X H 78 - 81 patricia.l.woodhouse@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

DO-A5 1 81

(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

Electronic Delivery Only conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

PATRICIA WOODHOUSE 540-284-7094

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 20 21 - 22

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

23 - 26

27 - 28 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 29 - 41 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 42 - 45 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

46 - 53

PART II - CO NTRACT CLAUSES

NSWCDD 1

PATRICIA WOODHOUSE/0241 17632 DAHLGREN ROAD

DAHLGREN VA 22448

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Jul 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0017821R4410

Section A - Solicitation/Contract Form

SUPPLEMENTAL INFORMATION

A.1 Administrative Summary Naval Surface Warfare Center Dahlgren Division (NSWCDD) has a requirement for a five-(5-)year, Firm-Fixed- Price, Indefinite-Delivery, Indefinite-Quantity (IDIQ) Multiple Award Contract for the manufacture, assembly, inspection, and delivery of Gun Weapon Systems (GWS) components. The Delivery Orders, when combined for all awarded contracts, will not exceed $72,600,000.00.

Special attention is drawn to the text at G-216-H003. SeaPort-o will be used to issue solicitations for Delivery Orders, receive proposals, and award Delivery Orders. All awardees will be required to have a SeaPort portal account.

Section B - Supplies or Services and Prices

CLIN INFORMATION

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table:

CLIN MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $500.00 $72,600,000.00

The minimum obligation under any awarded contract is $500.00 for the life of the Contract. When the minimum guarantee amount of $500.00 is satisfied through subsequent placement of a competitively awarded Delivery Order, the Government has the unilateral right to deobligate this funding. The Contract holder may not invoice for this amount without the written consent of the Contracting Officer. Contract holders that do not submit a proposal for any Delivery Order competitive opportunities over the base five-year ordering period will not be authorized to invoice for the minimum guarantee.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each GWS Components

FFP

Firm-Fixed-Price CLIN for manufacture, assembly, inspection and acceptance of GWS components in accordance with Section C of the Statement of Work. May include High-Value Items (see FAR 52.246-24 Alt I), which will be clearly identified in the schedule of any Orders.

FOB: Destination

PSC CD: 5342

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Data for CLIN 0001

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

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Section C - Descriptions and Specifications

C.1 Introduction

The Naval Surface Warfare Center Dahlgren Division (NSWCDD), Platform Integration Division (H40) has a requirement for the manufacture, assembly, inspection, and delivery of Gun Weapon System (GWS) components such as: Ammunition Handling System (AHS), Gun Mounts (GM), Trainable Gun Mounts (TGM), integration, maintenance, hardware, and operation kits, gunner protection kits, test stands, and all future redesigned and upgraded assemblies that derive from research, prototyping, and developmental stages from Platform Integration Division (H40) projects. Projects within this portfolio include, but not limited to for future work, are Precision Strike Package (PSP, Gun Weapon Systems (GWS), Combatant Craft (CC), Aircraft High Energy Laser (AHEL), unmanned Gunships, and future retrofitting efforts for the Battle Management Systems (BMS) projects. This effort will concentrate on having the latest standard of International Organization for Standardization (ISO) 9001 and Aerospace Quality Standard AS9100 certified rapid machining and manufacturing companies manufacture current and future components, which are designed by the Government. This overall effort shall encompass the rapid manufacturing, assembling, inspection, and delivery of current and future GWS components built for H40 programs from a Government provided and validated Technical Data Packages (TDPs) owned and maintained by the Government.

C.2 Scope

The Contractor shall fabricate and deliver finished components in accordance with (IAW) a Government-qualified TDP. The Contractor shall package and deliver hardware kits IAW Government qualified packaging and parts lists requirements. These hardware kits will be used for the integration of GWS components that are eventually integrated onto various Department of Defense (DOD) platforms. The Contractor shall maintain a rapid machining and delivery schedule.

C.3 Applicable Documents

Applicable standards, practices, and procedures related to the rapid machining, fabrication, and assembly include the following:

MIL-STD-130N, Identification Marking of U.S. Military Property

Specific versions of standards, handbooks, and applicable, interface documentation will be articulated in individual Delivery Orders for the respective prototype deliverables. Copies of Government specifications, standards, handbooks and guidance data listed above may be obtained from the ASSIST Database.

Drawings will be in accordance with American National Standards Institute (ANSI) / American Society of Mechanical Engineers (ASME) applicable standards and practices with specific tailoring provided in individual Delivery Orders.

Government-provided TDPs will be of sufficient quality to enable prototype reproduction by qualified vendors for individual Delivery Orders. As a minimum, per MIL-STD-31000, TDP quality shall be Level II (Developmental) with Level III (Production) aspects as specified in individual Delivery Orders.

C.4 Mandatory Requirements

The Mandatory Requirements must be maintained throughout the entire period of performance. The Mandatory Requirements are listed below:

Requirement 1 – Certifications The Contractor shall be certified with the latest versions of International Organization for Standardization (ISO) 9001 and Aerospace Quality Standard AS9100.

Requirement 2 – Facility Location The Contractor’s manufacturing facility supporting this requirement must be located within 750 driving miles of NSWCDD, Dahlgren, VA and must be located within the United States.

C.4.1 Hardware Fabrication

The Contractor shall deliver hardware assemblies and subassemblies of Trainable Gun Mount (TGM) systems, Ammunition Handling Systems (AHS), Gun Power Cabinets (GPC), Gun Computer Cabinets (GCC), integration, maintenance and operational kits, and gunner protection kits. The delivery schedule and quantity of systems to be produced will be specified in individual Delivery Orders. The Contractor shall have the ability to manufacture directly from Computer Aided Design (CAD) models and Government owned drawings. CAD models will be available from the Government. In the case of a conflict of specifications between the CAD model and Government drawing, the specifications of the Government drawing shall supersede the specifications of the CAD model.

The Contractor shall test fit first article or individual prototype items before low rate production runs. The Government will specify each test fit effort for that particular fabrication requirement in each individual Delivery Order. Government Furnished Property (GFP) will be provided to the Contractor by the Government for these test fits, and specified in each Delivery Order. During these events, the Government may travel to the Contractor’s facility.

The Contractor may be required to perform the following functions:

− Weld IAW American Welding Society D1.1 (Structural Welding Code – Steel), D1.2 (Structural Welding Code

– Aluminum), and D17.1 (Specification for Fusion Welding of Aerospace Applications) − Fabricate and assemble the majority of sheet metal parts at the Contractor’s facility − Manufacture parts with dimensions of up to 25 feet in length − Manufacture parts weighing up to 2,000 pounds − Heat treating processes − Perform nondestructive testing to include dye-penetrant and X-ray* − Specialized coating capabilities to include phosphate coating and hard coat anodize

* Nondestructive testing of critical components or specific locations on components shall be performed as specified by the Government. Nondestructive test methods may include dye-penetrant and X-ray inspections for cracks or defects in the part post-machining.

The Contractor shall employ workers who hold the proper and appropriate certifications and licenses for the work required by issued Delivery Orders (e.g., welding, radiographic testing, etc.).

The Contractor shall label all hardware assemblies, hardware sub-assemblies, and hardware kits in accordance with all Government drawings or tasking specified within each Delivery Order.

The Contractor shall apply an item unique identifier (IUID) in accordance with MIL-STD-130 (construct 2) latest version to all units. The IUID shall include the cage code of the design activity, the cage code of the manufacturer, the part number and the serial number, and additional written information, as may be designated by the Government in each individual Delivery Order.

The Contractor shall have Common Access Card (CAC) in order to access the Naval Systems Engineering Resource Center (NSERC) registered Battle Management System (BMS) SharePoint site. The purpose of this is for official and safe file transfer of Technical Data Packages (TDPs) and technical file transfers in order to support the work within this Statement of Work (SOW).

C.4.2 Retrofits

The Contractor shall perform retrofits in regards to the operating systems. The technical requirements regarding these types of retrofits will be called out in each individual Delivery Order. The purpose of these retrofits is to maintain current configurations of weapons systems across the various DOD platforms.

The Contractor shall monitor the status of the orders and projected delivery dates of ordered material. During active Delivery Orders, this information shall be included in the weekly status report (CDRL A001).

C.4.3 Repair

The Contractor shall repair, restore, modify, replace, and package the specified parts, components, assemblies and associated hardware. The Contractor shall validate that repaired items are capable of performing in the same manner as an identical new item.

C.5 Project Reporting

The Contractor shall participate in teleconferences with NSWCDD as needed.

The Contractor shall participate in a contract award kick-off meeting with NSWCDD.

For all active Delivery Orders, the Contractor shall provide a Status Report. (CDRL A001) The Contractor shall submit Request for Variance (RFV) to the Government. (CDRL A002) The Contractor shall submit Request for Waivers (RFW) to the Government. (CDRL A003) The Contractor shall submit 100% Inspection Reports to the Government. (CDRL A004) The Contractor shall submit Government Furnished Property Inventory and Forecasting Reports to the Government

(CDRL A005)

The Contractor shall inform the Contracting Officer’s Representative (COR) of any long lead time parts that may cause the delivery schedule to be missed. This information shall be included in the weekly status report (CDRL A001).

C.6 Government Furnished Property (GFP)

The Government will provide certain pieces of hardware to the Contractor for test fitting components with strict tolerances or assembling systems (CDRL A005). These items will be identified at the Delivery Order level. For each fabrication of hardware Delivery Order, the Government will provide the Contractor with a qualified TDP or bill of material (BOM) listing appropriate hardware kits.

C.7 Digital Delivery of Data

C.7.1 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.

C.7.2 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.7.3 Digital delivery (e.g., Internet tools, websites, shared networks, etc.) sometimes requires, as a condition for access to and/or use of the means, an agreement by a user to certain terms, agreements, or other restrictions (e.g., “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 Contract.

C.8 Non-Disclosure Agreements (NDAs)

Non-Disclosure Agreements (NDAs) may be utilized to allow for access to company sensitive or proprietary data.

For tasks requiring NDAs, the Contractor shall obtain appropriate agreements for all of their employees that are associated with the task requiring such an agreement.

Contractor personnel may be required, from time to time to sign NDAs as applicable to specific SOW tasking. The COR will notify the Contractor of the number and type of personnel that will need to sign NDAs. The signed NDAs shall be executed prior to accessing data or providing support for information that must be safeguarded and shall be returned to the COR for endorsement and retention. Copies of all executed NDAs shall be provided to the COR.

C.9 Cybersecurity (All Items) The Contractor shall implement the security requirements of the clauses under Section I of this contract entitled DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, and DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

This requirement includes Covered Defense Information (CDI) that will be stored on the Contractor’s information system(s). CDI for this requirement includes drawings and models. Per DFARS 252.204-7012(a), “covered defense information” means unclassified controlled technical information as described in Controlled Unclassified Information (CUI) Registry (https://www.archives.gov/cui/registry/category-list).

C.10 On-Site Environmental Awareness

C.10.1 The contractor shall strictly adhere to all Federal, State and local laws and regulations, Executive Orders, and Department of Defense and Navy policies.

C.10.2 The contractor shall ensure that each contractor employee who has been or will be issued a Common Access Card (CAC), performs work in direct support of NSWCDD programs under the NSWCDD Commanding Officer, and sits on-site at NSWCDD, completes the NSWCDD Environmental Awareness Training (EAT) within 30 days of https://www.archives.gov/cui/registry/category-list commencing contract performance and at least every 3 years thereafter or as directed by their NSWCDD training coordinator or their COR.

C.10.3 The contractor shall ensure that each contractor employee not required to complete the training described in part (b) above (i.e., those who do not have and will not be issued a CAC, do not perform work in direct support of NSWCDD programs under the NSWCDD Commanding Officer, and do not sit on-site at NSWCDD) reads the NSWCDD Environmental Policy Statement within 30 days of commencing contract performance. This document will be available from the COR, however, the policy is also provided on the publicly-available NSWCDD website, https://www.navsea.navy.mil/Home/Warfare-Centers/NSWC-Dahlgren/Resources/.

C.10.4 Within 30 days of commencing contract performance, the contractor shall certify by e-mail to their COR that the requirements captured by (b) and (c) above have been met. The e-mail shall include each employee name and work site and shall indicate which requirement—(b) or (c) above--each employee has satisfied.

C.10.5 Contractor copies of the records generated by the actions described in (b) and (c) above will be maintained and disposed of by the contractor in accordance with SECNAVINST 5210.8D.

C.11 On-Site Safety Requirements

C.11.1 The contractor shall strictly adhere to Federal Occupational Safety and Health Agency (OSHA) Regulations, Environmental Protection Agency (EPA) Regulations, NSWCDDINST 5100.1 Occupational Safety and Health Instruction (current revision), and all other applicable state and local requirements.

C.11.2 The contractor shall ensure that each contractor employee reads the document entitled, "Occupational Safety and Health (OSH) Policy Statement" within 30 days of commencing performance at NSWCDD. This document is available at: https://navsea.navy.deps.mil/sites/wc-nswcdd/operations/InfrastructureDiv/SafetyEnvironmental/SitePages/Safety.aspx.

C.11.3 The contractor shall provide each contractor employee with the training required to do his/her job safely and in compliance with applicable regulations. The contractor shall document and provide, upon request, qualifications, certifications, and licenses as required. Contractors conducting lead or asbestos abatement activities shall also provide a written abatement plan to the Safety & Environmental Branches for review and approval.

C.11.4 The contractor shall provide each contractor employee with the personal protective equipment required to do their job safely and in compliance with all applicable regulations.

C.11.5 Contractors working with ionizing radiation (radioactive material or machine sources) must comply with NAVSEA S0420-AA-RAD-010 (latest revision)[provided upon request]. Prior to bringing radioactive materials or machine sources on base, the contractor must notify the Command Radiation Safety Officer in the Safety Branch.

C.11.6 Contractors shall not procure hazardous material (HAZMAT) on behalf of NSWCDD without following the approved HAZMAT procurement process in ERP. For emergency HAZMAT purchases only, the contractor shall alert the Safety & Environmental Branches and request a waiver to procure outside the HAZMAT procurement process. For emergency purchases, the contractor shall submit an Authorized Use List Addition form and the Safety Data Sheet to the Safety & Environmental Branches for approval. Once the HAZMAT arrives onsite, the contractor shall alert the Environmental Branch so that it can be barcoded and added to the inventory.

C.11.7 HAZMAT owned by the contractor and brought into NSWCDD work spaces for temporary use shall be reviewed and approved by the Safety & Environmental Branches prior to use. The contractor shall submit the Safety Data Sheet that must be routed through the government supervisor responsible for the specific work area.

This HAZMAT must clearly be marked that it is contractor owned and shall not be stored in NSWCDD spaces.

C.11.8 Applicable contractors shall submit Total Case Incident Rate (TCIR) and Days Away, Restricted and Transfer (DART) rates for the past three years upon request by the Safety Branch. A contractor meets the definition of applicable if its employees worked 1,000 hours or more in any calendar quarter on site and where oversight is not directly provided in day-to-day activities by the command.

C.11.9 The contractor shall immediately report all work-related injuries/illnesses that occur while working at NSWCDD, or an off-site location (including shipboard), to the Safety Branch.

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

(End of text)

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

(OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

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

C-204-H002 IMPLEMENTATION OF ENHANCED SECURITY CONTROLS ON SELECT DEFENSE

INDUSTRIAL BASE PARTNER NETWORKS (NAVSEA) (JAN 2020)

1. System Security Plan and Plans of Action and Milestones (SSP/POAM) Reviews

a) Within thirty (30) days of contract award, the Contractor shall make its System Security Plan(s) (SSP(s)) for its covered contractor information system(s) available for review by the Government at the contractor’s facility. The SSP(s) shall implement the security requirements in Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, which is included in this contract. The Contractor shall fully cooperate in the Government’s review of the SSPs at the Contractor’s facility.

b) If the Government determines that the SSP(s) does not adequately implement the requirements of DFARS clause 252.204-7012 then the Government shall notify the Contractor of each identified deficiency. The Contractor shall correct any identified deficiencies within thirty (30) days of notification by the Government. The contracting officer may provide for a correction period longer than thirty (30) days and, in such a case, may require the Contractor to submit a plan of action and milestones (POAM) for the correction of the identified deficiencies. The Contractor shall immediately notify the contracting officer of any failure or anticipated failure to meet a milestone in such a

POAM.

c) Upon the conclusion of the correction period, the Government may conduct a follow-on review of the SSP(s) at the Contractor’s facilities. The Government may continue to conduct follow-on reviews until the Government determines that the Contractor has corrected all identified deficiencies in the SSP(s).

d) The Government may, in its sole discretion, conduct subsequent reviews at the Contractor’s site to verify the information in the SSP(s). The Government will conduct such reviews at least every three (3) years (measured from the date of contract award) and may conduct such reviews at any time upon thirty (30) days’ notice to the Contractor.

2. Compliance to NIST 800-171

a) The Contractor shall fully implement the CUI Security Requirements (Requirements) and associated Relevant Security Controls (Controls) in NIST Special Publication 800-171 (Rev. 1) (NIST SP 800-171), or establish a SSP(s) and POA&Ms that varies from NIST 800-171 only in accordance with DFARS clause 252.204-7012(b)(2), for all covered contractor information systems affecting this contract.

b) Notwithstanding the allowance for such variation, the contractor shall identify in any SSP and POA&M their plans to implement the following, at a minimum:

(1) Implement Control 3.5.3 (Multi-factor authentication). This means that multi-factor authentication is required for all users, privileged and unprivileged accounts that log into a network. In other words, any system that is not standalone should be required to utilize acceptable multi-factor authentication. For legacy systems and systems that cannot support this requirement, such as CNC equipment, etc., a combination of physical and logical protections acceptable to the Government may be substituted;

(2) Implement Control 3.1.5 (least privilege) and associated Controls, and identify practices that the contractor implements to restrict the unnecessary sharing with, or flow of, covered defense information to its subcontractors, suppliers, or vendors based on need-to-know principles;

(3) Implement Control 3.1.12 (monitoring and control remote access sessions) - Require monitoring and controlling of remote access sessions and include mechanisms to audit the sessions and methods.

(4) Audit user privileges on at least an annual basis;

(5) Implement:

i. Control 3.13.11 (FIPS 140-2 validated cryptology or implementation of NSA or NIST approved algorithms (i.e.

FIPS 140-2 Annex A: AES or Triple DES) or compensating controls as documented in a SSP and POAM); and,

ii. NIST Cryptographic Algorithm Validation Program (CAVP) (see https://csrc.nist.gov/projects/cryptographic-algorithm-validation-program);

(6) Implement Control 3.13.16 (Protect the confidentiality of CUI at rest) or provide a POAM for implementation which shall be evaluated by the Navy for risk acceptance.

(7) Implement Control 3.1.19 (encrypt CUI on mobile devices) or provide a plan of action for implementation which can be evaluated by the Government Program Manager for risk to the program.

3. Cyber Incident Response

a) The Contractor shall, within fifteen (15) days of discovering the cyber incident (inclusive of the 72-hour reporting period), deliver all data used in performance of the contract that the Contractor determines is impacted by the incident and begin assessment of potential warfighter/program impact.

b) Incident data shall be delivered in accordance with the Department of Defense Cyber Crimes Center (DC3) Instructions for Submitting Media available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx. In delivery of the incident data, the Contractor shall, to the extent practical, remove contractor-owned information from Government covered defense information.

c) If the Contractor subsequently identifies any such data not previously delivered to DC3, then the Contractor shall immediately notify the contracting officer in writing and shall deliver the incident data within ten (10) days of identification. In such a case, the Contractor may request a delivery date later than ten (10) days after identification.

The contracting officer will approve or disapprove the request after coordination with DC3.

4. Naval Criminal Investigative Service (NCIS) Outreach

The Contractor shall engage with NCIS industry outreach efforts and consider recommendations for hardening of covered contractor information systems affecting DON programs and technologies.

5. NCIS/Industry Monitoring

a) In the event of a cyber incident or at any time the Government has indication of a vulnerability or potential vulnerability, the Contractor shall cooperate with the Naval Criminal Investigative Service (NCIS), which may include cooperation related to: threat indicators; pre-determined incident information derived from the Contractor's infrastructure systems; and the continuous provision of all Contractor, subcontractor or vendor logs that show network activity, including any additional logs the contractor, subcontractor or vendor agrees to initiate as a result of the cyber incident or notice of actual or potential vulnerability.

b) If the Government determines that the collection of all logs does not adequately protect its interests, the Contractor and NCIS will work together to implement additional measures, which may include allowing the installation of an appropriate network device that is owned and maintained by NCIS, on the Contractor's information systems or information technology assets. The specific details (e.g., type of device, type of data gathered, monitoring period) regarding the installation of an NCIS network device shall be the subject of a separate agreement negotiated between NCIS and the Contractor. In the alternative, the Contractor may install network sensor capabilities or a network monitoring service, either of which must be reviewed for acceptability by NCIS. Use of this alternative approach shall also be the subject of a separate agreement negotiated between NCIS and the Contractor.

c) In all cases, the collection or provision of data and any activities associated with this statement of work shall be in accordance with federal, state, and non-US law.

d) Recommended Number (IAW FAR 52.1 and DFARS 252.103)

(End of Text)

C-209-H001 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (OCT 2018)

(a) The First Article shall conform in every respect to the requirements of this contract. The First Article shall be manufactured with tools, materials, and methods which are the same as the tools, material and methods which will be used to manufacture the production units. All items delivered under the contract shall be manufactured under the same conditions and quality established by the First Article. Any changes to tools, material, or methods after the first article approval shall be documented by the contractor and approved by the Contracting Officer before they are used.

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

(c) Pursuant to paragraph (e) of the clause entitled "First Article Approval--Contractor Testing" (FAR 52.209-3), the First Article shall not be delivered as part of the production quantity.

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

(a) The First Article shall conform in every respect to the requirements of this contract. The First Article shall be manufactured with tools, materials, and methods which are the same as the tools, material and methods which will be used to manufacture the production units. All items delivered under the contract shall be manufactured under the same conditions and quality established by the First Article. Any changes to tools, material, or methods after the first article approval shall be documented by the contractor and approved by the Contracting Officer before they are used.

The First Article shall not be delivered for first article approval tests as provided for in the clause of this contract entitled "First Article Approval--Government Testing" (FAR 52.209-4) until after the Contractor has fully tested it, at its expense, to determine compliance with said requirements.

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

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

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

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

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

C-211-H016 SPECIFICATIONS AND STANDARDS (NAVSEA) (OCT 2018)

(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 unless specifically identified below.

None

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

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

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

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

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

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

N0017821R4410.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) Other work attributable to the change;

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

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

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

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

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

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

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

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

C-242-H002 POST AWARD MEETNG (NAVSEA) (OCT 2018)

(a) A post-award meeting with the successful offeror will be conducted within 14 calendar days after award of the contract. The meeting will be held virtually. The contract specialist will distribute meeting information after award of contract.

(b) The contractor will be given three (3) working days notice prior to the date of the meeting by the Contracting Officer.

(c) The requirement for a post-award meeting shall in no event constitute grounds for excusable delay by the contractor in performance of any provisions in the contract.

(d) The post-award meeting will include, but is not limited to, the establishment of work level points of contact, determining the administration strategy, roles and responsibilities, and ensure prompt payment and close out.

Specific topics shall be mutually agreed to prior to the meeting.

C-244-H002 SUBCONTRACTORS/CONSULTANTS (NAVSEA) (OCT 2018)

Notwithstanding FAR 52.244-2(d) and in addition to the information required by FAR 52.244-2(e) of the contract, the contractor shall include the following information in requests to add subcontractors or consultants during performance, regardless of subcontract type or pricing arrangement:

(1) Impact on subcontracting goals,

(2) Impact on providing support at the contracted value,

(3) IF SEAPORT TASK ORDER - The results of negotiations to incorporate fee rate caps no higher than the lower of

(i) SeaPort-e fee rate caps for the prime contractor, or in the case where the proposed subcontractor is also a SeaPort-e prime, (ii) fee rate caps that are no higher than the subcontractor's prime SeaPort-e contract.

C-245-H005 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT--ALTERNATE I

(NAVSEA) (MAY 2019)

(a) Contract Specifications, Drawings and Data. The Government will furnish, if not included as an attachment to the contract, any unique contract specifications or other design or alteration data cited or referenced in Section C.

(b) Government Furnished Information (GFI). GFI is defined as that information essential for the installation, test, operation, and interface support of all Government Furnished Material identified in an attachment in Section J. The Government shall furnish only the GFI identified in an attachment in Section J. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI as follows:

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

(i) delete, supersede, or revise, in whole or in part, data identified in an attachment in Section J; or

(ii) add items of data or information to the attachment identified in Section J; or

(iii) establish or revise due dates for items of data or information in the attachment identified in Section J.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (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, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.

(c) Except for the Government information and data specified by paragraphs (a)…