N0017822R4300.pdf

CODE

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until 12:00 AM local time 18 Jul 2022

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72 - 83 X H 84 - 87

Kristy.mckenney@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-A7 1 87

(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)

KRISTY MCKENNEY 540-284-0708

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 - 16 17 - 21

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

22 - 25 26 - 28

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 29 - 43 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 44 - 47 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

48 - 66

PART II - CONTRACT CLAUSES

NSWCDD 1

ATTN: KRISTY MCKENNEY/0232

17632 DAHLGREN RD SUITE 157

DAHLGREN VA 22485 540-284-0708

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

17 Jun 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0017822R4300

Section A - Solicitation/Contract Form

GENERAL INFORMATION

DESCRIPTION: The Naval Surface Warfare Center, Dahlgren Division (NSWCDD) has a need for the fabrication and delivery of prototypes and equipment in accordance with Government appropriate and qualified drawings, requirements, spec sheets, and/or data packages. The Contractor shall provide hardware fabrication, laser/EO, optical and opto-mechanical fabrication, hardware, integration for beam control and tracking, and integration for hardware prototypes or prototype production units and kits, source power and thermal management manufacturing and equipment for hardware prototypes or prototype production units and kits, source power and thermal management manufacturing and equipment.

The Government intends to award an Indefinite-Delivery-Indefinite-Quantity (IDIQ) Multiple Award Contract (MAC) covering a period of five (5) years. Delivery Orders issued under the MAC will be Firm-Fixed-Price (FFP) and, when combined for all awarded contracts, will not exceed $75,000,000. NOTE: Clause G-216-H003 ORDERING PROCESS FOR MULTIPLE AWARD CONTRACTS (MACS) (NAVSEA) (MAY 2019) provides the standard ordering process under MACs. Although the process for Cost-Plus-Fixed-Fee (CPFF) orders is mentioned in this clause, the Government does not plan to issue CPFF orders under the resultant MAC.

This requirement is a full and open procurement. It is not a direct follow-on to any current effort.

The minimum amount requirements for this IDIQ contract being conducted under FAR 16.5 will be satisfied by the issuance of Delivery Order 0001 in the amount of $500. Each MAC awardee’s first Delivery Order will be funded/awarded at the contract minimum of $500. The purpose of Delivery Order 0001 will be for the Contractor to attend the Post-Award Meeting.

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.

PROPOSAL DUE DATE: Proposals are required to be delivered to the location specified in Block 9 by the time and date specified. Initial orders are expected to be competed amongst the successful Offerors who are awarded a contract in response to this solicitation.

CRITICAL DATES: This solicitation represents the Government’s requirements and shall be the governing document. All questions regarding this requirement shall be submitted by e-mail to regina.l.griffin4.civ@us.navy.mil and will be responded to as an attachment to the solicitation posting at https://www.sam.gov To provide ample time to adequately address all questions and, if necessary, amend the solicitation, all questions shall be submitted in accordance with L-215-H007.

GENERAL INFORMATION: During the solicitation phase, this General Information Section will be used to summarize Amendments issued. Following Contract Award, this General Information Section will be used to summarize the nature of subsequent modifications. The information contained in this General Information Section is only part of the modification being issued at that time. The information will not be repeated in subsequent conformed copies of the Task Order.

THE SOLICITATION AND PREVIOUS POSTINGS: Offerors should not rely on information contained in previous postings. This Solicitation represents the Government’s requirements and shall be the governing document.

Section B - Supplies or Services and Prices

CLIN MIN/MAX QUANTITIES

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 $75,000,000

The minimum amount requirements for this IDIQ contract being conducted under FAR 16.5 will be satisfied by the issuance of Delivery Order 0001 in the amount of $500. Each MAC awardee’s first Delivery Order will be funded/awarded at the contract minimum of $500. The purpose of Delivery Order 0001 will be for the Contractor to attend the Post-Award Meeting.

ITEM NO SUPPLIES/SERVICES MAX

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot High Energy Laser Rapid Prototyping

FFP

Fabrication and delivery of prototypes IAW Section C, Statement of Work and the applicable Government qualified Data Package specified in individual Firm- Fixed-Price Delivery Orders. The Minimum and Maximum Amounts are listed in "CLIN MIN/MAX QUANTITIES" above.

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

FOB: Destination

PSC CD: 5999

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

Data in Support of CLIN 0001 (CDRLs)

The Contractor shall deliver data requirements in accordance with Exhibit A, DD Form 1423, Contract Data Requirements List (CDRL) as specified at the Delivery Order level. Refer to Section J for CDRLs that may be required at the Delivery Order level depended upon the requirement.

PSC CD: 5999

MAX

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

HIGH ENERGY LASER (HEL) RAPID PROTOTYPING

STATEMENT OF WORK (SOW)

C.1 INTRODUCTION

The Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Gun & Electric Weapon Systems Department (E), Directed Energy and Pulse Power Division (E10) actively provides support to NSWCDD in the areas of design, development, system and platform integration, and deployment of laser and electro-optical (EO) systems and components. Supported systems include solid-state high energy laser (HEL) weapon systems; solid state laser technologies for high power capable systems; low energy lasers and ocular interrupter technologies; other pulsed lasers and continuous wave lasers; tracking and controls; predictive avoidance technologies; electro-optical/infrared sensors and data fusion systems, including gated imaging systems; imaging processing systems; weapon mounted beam directors; weapon control architecture and console, power and cooling; and fire control and combat system hardware interfaces to radar systems. For the purposes of this SOW, all of these systems will be referred to simply as "laser/EO systems" and are focused on Naval and expeditionary platforms and deployment. E10 actively supports the Department of Defense by providing laser/EO system design and fabrication, rapid prototyping, and rapid technology insertion.

C.2 SCOPE

The purpose of this requirement is for the fabrication and delivery of prototypes and equipment in accordance with Government appropriate and qualified drawings, requirements, spec sheets, and/or data packages to be provided at the Delivery Order level. The Contractor shall provide hardware fabrication, laser/EO, optical and opto-mechanical fabrication, hardware, integration for beam control and tracking, and integration for hardware prototypes or prototype production units and kits, source power and thermal management manufacturing and equipment for hardware prototypes or prototype production units and kits, source power and thermal management manufacturing and equipment.

The intent of this requirement is to obtain prototypes and fabrication data for prototypes to enable the Government to use the prototypes and data for a variety of purposes including competitive procurement of production-level products. To that end, the Government will have at least Government Purpose Rights in all noncommercial data delivered pursuant to this contract and the individual Delivery Orders. Deliverables shall be complete as required by this contract, but shall not incorporate any noncommercial data subject to Limited Rights or Restricted Rights without the express written consent of the Contracting Officer.

C.3 APPLICABLE DOCUMENTS AND STANDARDS

Specific versions of standards, handbooks, and applicable interface documentation will be articulated in individual Delivery Orders for the respective prototype deliverables.

Drawings shall be in accordance with ANSI/ASME applicable standards and practices with specific tailoring provided in individual Delivery Orders.

Data Packages shall be of sufficient quality to enable prototype reproduction by qualified vendors.

The Contractor shall refer to Clause C-245-H005, Information and Data Furnished by the Government, Alternate I

(NAVSEA)(MAY 2019).

C.4 REQUIREMENTS

C.4.1 HARDWARE FABRICATION AND INTEGRATION

C.4.1.1 The Contractor shall provide build-to prototypes for extensive testing in laboratories, at test sites, and as deployed units in theater. The delivery schedule and quantity of systems to be produced will be specified in individual Delivery Orders. Hardware components or hardware systems fabricated shall consist of a complete package, which includes all associated documentation identified in the Delivery Orders.

C.4.1.2 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.

C.4.1.3 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 monthly status report (CDRL A001).

C.5 ACCEPTANCE CRITERIA

C.5.1 The Contractor shall conduct a Government approved First Article Test (FAT) for all first article prototype deliverables. The Contractor shall document in the FAT all electrical, mechanical and visual inspections and all system functional test and demonstrations necessary to verify that each prototype meets the requirements of the SOW for the respective Delivery Order. The Contractor shall provide the FAT procedure to the Government for review (CDRL A002). After approval by the Government, the FAT shall be placed under Contractor configuration control. Any revision to the FAT shall require Government approval. The FAT shall:

Identify how each functional and performance characteristic shall be demonstrated or tested;

Identify measurable parameters by acceptable operating limits and use measured results to record performance metrics;

Identify special tools and test equipment required for performing the FAT.

C.5.2 The Contractor shall generate, conduct, and submit a FAT report for each first article prototype deliverables (CDRL A002). The FAT report shall include, as appended material, any tests and demonstrations necessary to verify that each prototype meets the requirements of the SOW for the respective Delivery Order. These tests and demonstrations include:

Lower level tests Vendor tests Vendor certifications Electrical, mechanical, and visual inspections System functional tests and demonstrations

C.5.3 The FAT report shall also include an indentured As-Built Configuration List (ABCL) down to the Lowest Replaceable Unit (LRU) level. The indentured ABCL shall identify drawing numbers, revision levels, and serial numbers.

C.5.4 Subsequent prototype deliverables shall pass a Government developed and conducted Acceptance Test Plan/Procedure (ATP) prior to official acceptance (CDRL A003).

C.6 WARRANTY OF DEVELOPED PROTOTYPE HARDWARE

The Contractor shall extend to the Government a warranty on developed prototype hardware at no additional cost to the Government. The warranty period shall begin upon the final acceptance of the deliverables and cover repairs of defects/damages that occur due to no fault of the Government. Acceptance of the warranty does not waive the Government's rights under the inspection clauses identified in Section E, nor does it limit the Government's rights with regard to other terms and conditions of the contract.

C.7 CONTRACT MANAGEMENT

C.7.1 GENERAL: All work will be conducted under individual Delivery Orders providing fair opportunity under a Multiple Award Contract (MAC).. Each Delivery Order solicitation will include Action Sheets containing Government appropriate and qualified drawings, requirements, spec sheets, and/or data packages and the Contractor’s responses shall be based on the provided documents. All pricing must include the total price and shipping. It is understood and agreed that the Government has no obligation to issue any order except the minimum order as detailed under “CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE” in Section B.

C.7.2 FAIR OPPORTUNITY: The Government reserves the right to evaluate Delivery Order proposals using either a Price/Technical Tradeoff or Lowest Price Technically Acceptable approach based on the individual requirements.

All Past Performance of all awardees under their respective MAC will be documented and considered during the award decision. Additionally, a review of each Offeror’s System for Award Management (SAM) account will be reviewed at https://sam.gov. Offerors whose SAM registration has expired or whom appear on the Excluded Parties List will not be considered eligible for award. .

C.7.3 TECHNICAL EXCHANGE OF INFORMATION: If deemed necessary, the Contractor shall participate in a teleconference after awarded a Delivery Order to confirm accurate technical exchange of information. (CDRL A004)

C.8 GOVERNMENT FURNISHED EQUIPMENT (GFE) AND GOVERNMENT FURNISHED

INFORMATION (GFI)

The Government will provide GFE and GFI when it is required at the Delivery Order level for integration and testing of prototype deliverables.

C.9 DATA AND CDRL DISTRIBUTION

The Contractor shall prepare and deliver data requirements in accordance with Exhibit A, DD Form 1423, Contract Data Requirements List (CDRL) as specified at the Delivery Order level and in accordance with Clause C-227- H006, Data Requirements (NAVSEA)(OCT 2018). The Contractor shall refer to Section J for CDRLs that may be required at the Delivery Order level dependent upon the requirement.

C.10 DIGITAL DELIVERY OF DATA

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

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

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

C.11 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.12 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. The Contractor shall refer to DFARS 252.204- 7012(a) for the definition of CDI.

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

(End of text)

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

(OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

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

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

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

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

(End of Text)

C-211-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.

N0017822R4300.

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

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

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

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 15 days after award of the contract.

The meeting will be held at the address below:

Location/Address: [ * ]

(b) The contractor will be given [ * ] 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.

[ * ] To be specified at contract award.

C-244-H002 SUBCONTRACTORS/CONSULTANTS (NAVSEA) (APR 2022)

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 NXG fee rate caps for the prime contractor, or in the case where the proposed subcontractor is also a SeaPort NXG prime, (ii) fee rate caps that are no higher than the subcontractor's prime SeaPort NXG 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) and (b) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI identified in an attachment in Section J, the clause of this contract entitled "Government Property" (FAR 52.245-1) or "Government Property Installation Operation Services" (FAR 52.245-2), as applicable, or any other term or condition of this contract. Such referenced documentation may be obtained:

(1) From the ASSIST database via the internet at https://assist.dla.mil/online/start/; or

(2) By submitting a request to the

Department of Defense Single Stock Point (DoDSSP)

Building 4, Section D

700 Robbins Avenue Philadelphia, Pennsylvania 19111-5094 Telephone (215) 697-6396 Facsimile (215) 697-9398.

Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.

C-246-H002 GOVERNMENT USE OF CONTRACTOR’S INSPECTION EQUIPMENT (NAVSEA) (OCT 2018)

The contractor's gages, measuring, and testing devices shall be made available to the Government when required to determine contractor conformance with contract requirements. If conditions warrant, the contractor’s personnel shall be made available for operation of such devices and for verification of their accuracy and condition.

C-246-H003 LIMITATION OF LIABILITY--HIGH VALUE ITEMS (NAVSEA) (OCT 2018)

The following items are subject to the clause of this contract entitled "Limitation of Liability--High Value Items" (FAR 52.246-24 Alternate I):

CLIN

C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.

Section D - Packaging and Marking

DELIVERABLES

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.

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

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

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

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

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

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) sponsor:

(Name of Individual Sponsor)

(Name of Requiring Activity)

(City and State)

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

For all parts not subject to the marking requirements in DFARS 252.211-7003 – Item Unique Identification and Valuation, marking shall be accomplished in accordance with the following:

(1) Parts shall be marked in accordance with generally accepted commercial practice.

(2) In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.

D-211-H005 IDENTIFICATION MARKING OF PARTS – ALTERNATE I (NAVSEA) (OCT 2018)

(a) For all parts not subject to the marking requirements in DFARS 252.211-7003 – Item Unique Identification and Valuation, marking shall be accomplished in accordance with the following:

(1) Parts not manufactured to Government specifications shall be marked in accordance with generally accepted commercial practice.

(2) Parts manufactured to Government specifications shall be marked as follows:

(i) Electrical Parts - that is, all parts in electrical equipment and electrical parts when used in equipment which are not electrical in nature (e.g., electric controls and motors in a hydraulic system) - shall be identified and marked in accordance with MIL-STD-1285D(2) dated 22 June 2018, or, where MIL-STD-1285D(2) does not cover such a part, in accordance with MIL-STD-130N(1) dated 16 November 2012. Requirements of MIL-STD-1686C dated 25 October 1995 for Electrostatic Discharge Control shall be addressed.

(ii) Electronic Parts - that is, all parts in electronic equipment and electronic parts when used in equipment which are not electronic in nature (e.g., electronic fuel controls in some engines) - shall be identified and marked in accordance with Requirement 67 of MIL-HDBK-454B dated 15 April 2007 with Notice 1 dated 12 December 2012. Requirements of MIL-STD-1686C for Electrostatic Discharge Control shall be addressed.

(iii) Parts other than electrical or electronic parts (as described above) shall be identified and marked in accordance with MIL-STD-130N(1).

(b) In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.

D-246-H002 WARRANTY NOTIFICATION FOR ITEM(S) CLIN 0001—BASIC (NAVSEA) (OCT 2018)

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

THIS ITEM WARRANTED UNDER CONTRACT ____*____ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP FOR _______*_________ FROM DATE OF ACCEPTANCE. IF

ITEM IS DEFECTIVE NOTIFY ____________*___________ AND PCO.

*TO BE DETERMINED AT DELIVERY ORDER LEVEL WHEN APPLICABLE.

D-246-H003 WARRANTY NOTIFICATION FOR ITEM(S) CLIN 0001—ALTERNATE I (NAVSEA) (MAY

2019)

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container in accordance with MIL-STD-129R with Change 1 dated 24 May 2018 and MIL-STD- 130N(1) dated 16 November 2012. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT ___*_____ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP FOR ________*________ FROM DATE OF ACCEPTANCE. IF

ITEM IS DEFECTIVE NOTIFY ___________*____________ AND PCO.

*TO BE SPECIFIED AT THE DELIVERY ORDER LEVEL WHEN APPLICABLE.

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

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

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

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

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

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

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

D-247-H005 MARKING AND PACKING LIST(S) – ALTERNATE I (NAVSEA) (OCT 2018)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with MIL- STD-129R with Change 1 dated 24 May 2018.

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

Where DD Form 1348-1 or DD Form 1348-1A is applicable and an assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

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

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number. Refer to the above cited MIL-STD for marking of assorted (related-unrelated) items.

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

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

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

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

"UNPACKING INFORMATION".

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

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