N00253-13-R-0013_RFP_FINAL.pdf

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TECHNOLOGY INSERTION HARDWARE (TIH 16/18) Federal contract opportunity
Solicitation number
N0025313R0013
Issued by
Department of the Navy Naval Sea Systems Command

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TIH 16/18 FINAL RFP (removes Draft watermark)

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Section_J_-_Attachment_3_-_Clause_Applicability_Matrix_FINAL.doc DOC document
Section_J_-_Attachment_4_-_Government_Furnished_Information_NAVSEA_Form_4340-2.doc DOC document
Section_J_-_Attachment_6_-_Government_Furnished_Material_NAVSEA_Form_4205-19.doc DOC document
Section_J_-_Attachment_2_-_DD254.pdf PDF
N00253-13-R-0013_RFP.pdf PDF
Section_J_-_Attachment_5_-_Government_Furnished_Property_NAVSEA_Form_4205-19.doc DOC document
Section_J_-_Attachment_12A_B_Cost_Summary_Per_Contract_Year.xls XLS spreadsheet
Section_J_-_Attachment_1_TIH_Statement_of_Work_20130819.doc DOC document
Section_J_-_Attachment_10_Industry_Question_-_Government_Response_Form.doc DOC document
Section_J_-_Attachment_3_-_Clause_Applicability_Matrix.doc DOC document
Section_J_-_Attachment_14A_B_C_Contract_Totals_Tables.xls XLS spreadsheet
Section_J_Attachment_9_SUBCONTRACTING_PLAN_COVER_SHEET.docx DOCX document
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CODE

(Hour)

PAGE(S)

until 02:00 PM local time 02 Oct 2013

X

A

X B

X C X D

EX

X

G

F 77 - 101

102 - 138

X H 139 - 151 kathleen.harrigan@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 1 151

(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.

N00253 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

KATIE HARRIGAN (360) 315-3429

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 24

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

25 - 33

34 - 36

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

37 - 40

41 - 43 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 44 - 49 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 50 - 56 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

57 - 74

PART II - CO NTRACT CLAUSES

NAVAL UNDERSEA WARFARE CENTER

ATTN: KATIE HARRIGAN

KATHLEEN.HARRIGAN@NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

(360) 315-3429

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

75 - 76

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

19 Aug 2013

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00253-13-R-0013

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1000 UNDEFINED Lot

TIH 16 PRODUCTION

FPI

INCLUDES MATERIAL AND LABOR RELATED TO PRODUCTION OF

TECHNOLOGY INSERTION HARDWARE.

MAXIMUM AMOUNT FOR THIS CLIN SHALL REFLECT THE OFFEROR'S

TOTAL TARGET PRICE (TARGET COST + TARGET PROFIT). MAXIMUM

AMOUNT SHALL NOT EXCEED $132,632,660.

CEILING PRICE SHALL BE ESTABLISHED AT 125% OF TARGET COST.

FOB: Origin

TARGET COST

TARGET PROFIT

TOTAL TARGET PRICE

CEILING PRICE 125% of Target Cost

SHARE RATIO ABOVE TARGET 60%/40% (Gov’t/Contractor)

SHARE RATIO BELOW TARGET 60%/40% (Gov’t/Contractor)

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Lot

TIH 16 MATERIALS

CPFF

APU, EDM, PRE-CABLE KIT, AND OTHER MATERIALS NOT RELATED

TO PRODUCTION. EXCLUDES ODC MATERIAL (ONE-OFF

EQUIPMENT/TEST EQUIPMENT, ETC.) AND SPARES/REPAIRS

MATERIALS.

MATERIAL COSTS, EXCLUDING FEE, SHALL NOT EXCEED $10,705,000.

MAXIMUM AMOUNT FOR THIS CLIN WILL BE ESTABLISHED BASED

ON APPLICATION OF OFFEROR'S PROPOSED FIXED FEE PERCENTAGE

TO THE MATERIAL COST AMOUNT.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED

TIH 16 NON RECURRING ENGINEERING (NRE)

CPIF

INCLUDES ENGINEERING FOR THE DESIGN/DEVELOPMENT OF TI 16,

LABOR ASSOCIATED WITH PRODUCTION OF APU(S), LABOR

ASSOCIATED WITH PRE-CABLE KIT ASSEMBLY, AND PRODUCTION

PROGRAM SUPPORT.

UNIT UNIT PRICE MAX AMOUNT

1002AA 57,070 Hours

TIH 16 NRE - PERFORMANCE YEAR 1

COMPOSITE RATE

CPIF

FOB: Destination

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE $0

MAXIMUM FEE

UNIT UNIT PRICE MAX AMOUNT

1002AB 105,210 Hours

TIH 16 NRE - PERFORMANCE YEAR 2

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

1002AC 30,570 Hours

TIH 16 NRE - PERFORMANCE YEAR 3

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

1002AD 1,340 Hours

TIH 16 NRE - PERFORMANCE YEAR 4

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

1002AE 1,170 Hours

TIH 16 NRE - PERFORMANCE YEAR 5

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Lot

TIH 16 ODC/TRAVEL

COST

OTHER DIRECT COSTS AND TRAVEL COSTS ASSOCIATED WITH

DESIGN, IMPLEMENTATION, PRODUCTION, AND INSTALLATION OF

TI 16.

MAXIMUM AMOUNT OF THIS CLIN SHALL NOT EXCEED $1,030,000.

UNIT UNIT PRICE MAX AMOUNT

1004 UNDEFINED Lot

TIH 16 REPAIRS/SPARES

CPFF

LABOR AND MATERIAL ASSOCIATED WITH MAINTAINING

SPARES/REPAIRS FOR TI 16 HARDWARE, INCLUDING RIP-

OUT/INSTALL SUPPORT, MC-SABT, AND POST PRODUCTION ILS.

COSTS SHALL NOT EXCEED $2,580,000. MAXIMUM AMOUNT FOR

THIS CLIN WILL BE ESTABLISHED BASED ON APPLICATION OF

OFFEROR'S PROPOSED FIXED FEE PERCENTAGE TO THIS COST

AMOUNT.

UNIT UNIT PRICE MAX AMOUNT

1005 UNDEFINED Lot

RESERVED

COST

UNIT UNIT PRICE MAX AMOUNT

1006 UNDEFINED Lot NSP

TIH 16 AND 18 DATA SUBMITTALS

COST

IN ACCORDANCE WITH THE DD1423 CONTRACT DATA

REQUIREMENTS LIST, EXHIBIT A.

DATA ITEMS ARE NOT SEPARATELY PRICED.

MAX COST NSP

UNIT UNIT PRICE MAX AMOUNT

2000 UNDEFINED Lot

OPTION TIH 18 PRODUCTION

FPI

INCLUDES MATERIAL AND LABOR RELATED TO PRODUCTION OF

TECHNOLOGY INSERTION HARDWARE.

AMOUNT SHALL NOT EXCEED $158,742,141.

TOTAL TARGET PRICE

CEILING PRICE 125% of Target Cost

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Lot

OPTION TIH 18 MATERIALS

CPFF

APU, EDM, PRE-CABLE KIT, AND OTHER MATERIALS NOT RELATED

TO PRODUCTION. EXCLUDES ODC MATERIAL (ONE-OFF

EQUIPMENT/TEST EQUIPMENT, ETC.) AND SPARES/REPAIRS

MATERIALS.

MATERIAL COSTS, EXCLUDING FEE, SHALL NOT EXCEED $10,770,000.

ON APPLICATION OF OFFEROR'S PROPOSED FIXED FEE PERCENTAGE

TO THIS MATERIAL COST AMOUNT.

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED

OPTION TIH 18 NON RECURRING ENGINEERING (NRE)

CPIF

INCLUDES ENGINEERING FOR THE DESIGN/DEVELOPMENT OF TI 18,

LABOR ASSOCIATED WITH PRODUCTION OF APU(S), LABOR

ASSOCIATED WITH PRE-CABLE KIT ASSEMBLY, AND PRODUCTION

PROGRAM SUPPORT.

UNIT UNIT PRICE MAX AMOUNT

2002AA 60,980 Hours

OPTION TIH 18 NRE - PERFORMANCE YEAR 3

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2002AB 98,310 Hours

OPTION TIH 18 NRE - PERFORMANCE YEAR 4

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2002AC 57,510 Hours

OPTION TIH 18 NRE - PERFORMANCE YEAR 5

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2002AD 2,120 Hours

OPTION TIH 18 NRE - PERFORMANCE YEAR 6

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2002AE 2,120 Hours

OPTION TIH 18 NRE - PERFORMANCE YEAR 7

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Lot

OPTION TIH 18 ODC/TRAVEL

COST

OTHER DIRECT COSTS AND TRAVEL COSTS ASSOCIATED WITH

DESIGN, IMPLEMENTATION, PRODUCTION, AND INSTALLATION OF

TI 18.

MAXIMUM AMOUNT OF THIS CLIN SHALL NOT EXCEED $1,055,000.

UNIT UNIT PRICE MAX AMOUNT

2004 UNDEFINED Lot

OPTION TIH 18 REPAIRS/SPARES

CPFF

LABOR AND MATERIAL ASSOCIATED WITH MAINTAINING

SPARES/REPAIRS FOR TI 18 HARDWARE, INCLUDING RIP-

OUT/INSTALL SUPPORT, MC-SABT, AND POST PRODUCTION ILS.

COSTS SHALL NOT EXCEED $2,580,000. MAXIMUM AMOUNT FOR

THIS CLIN WILL BE ESTABLISHED BASED ON APPLICATION OF

OFFEROR'S PROPOSED FIXED FEE PERCENTAGE TO THIS COST

AMOUNT.

UNIT UNIT PRICE MAX AMOUNT

2005 UNDEFINED Lot

OPTION RESERVED

UNIT UNIT PRICE MAX AMOUNT

2006 UNDEFINED Lot

OPTION RESERVED

UNIT UNIT PRICE MAX AMOUNT

2007 UNDEFINED Lot

OPTION TIH 18 PRODUCTION (RAN)

FPI

FOR ROYAL AUSTRALIAN NAVY (RAN). INCLUDES MATERIAL AND

LABOR RELATED TO PRODUCTION OF TECHNOLOGY INSERTION

HARDWARE.

AMOUNT SHALL NOT EXCEED $8,970,000.

TOTAL TARGET PRICE

CEILING PRICE 125% of Target Cost

UNIT UNIT PRICE MAX AMOUNT

2008 UNDEFINED Lot

OPTION TIH 18 MATERIALS (RAN)

CPFF

FOR ROYAL AUSTRALIAN NAVY (RAN). APU, EDM, PRE-CABLE KIT,

AND OTHER MATERIALS NOT RELATED TO PRODUCTION.

EXCLUDES ODC MATERIAL (ONE-OFF EQUIPMENT/TEST

EQUIPMENT, ETC.) AND SPARES/REPAIRS MATERIALS.

MATERIAL COSTS, EXCLUDING FEE, SHALL NOT EXCEED $340,000.

ON APPLICATION OF OFFEROR'S PROPOSED FIXED FEE PERCENTAGE

TO THE MATERIAL COST AMOUNT.

UNIT UNIT PRICE MAX AMOUNT

2009 UNDEFINED

OPTION TIH 18 NON RECURRING ENGINEERING (NRE)

CPIF

FOR ROYAL AUSTRALIAN NAVY (RAN). INCLUDES ENGINEERING FOR

THE DESIGN/DEVELOPMENT OF TI 18, LABOR ASSOCIATED WITH

PRODUCTION OF APU(S), LABOR ASSOCIATED WITH PRE-CABLE KIT

ASSEMBLY, AND PRODUCTION PROGRAM SUPPORT.

UNIT UNIT PRICE MAX AMOUNT

2009AA 8,701 Hours

OPTION TIH 18 RAN NRE - PERFORMANCE YEAR 3

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2009AB 15,700 Hours

OPTION TIH 18 RAN NRE - PERFORMANCE YEAR 4

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2009AC 360 Hours

OPTION TIH 18 RAN NRE - PERFORMANCE YEAR 5

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2009AD 360 Hours

OPTION TIH 18 RAN NRE - PERFORMANCE YEAR 6

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2009AE 360 Hours

OPTION TIH 18 RAN NRE - PERFORMANCE YEAR 7

COMPOSITE RATE

UNIT UNIT PRICE MAX AMOUNT

2010 UNDEFINED Lot

OPTION TIH 18 ODC/TRAVEL (RAN)

COST

FOR ROYAL AUSTRALIAN NAVY (RAN). OTHER DIRECT COSTS AND

TRAVEL COSTS ASSOCIATED WITH DESIGN, IMPLEMENTATION,

PRODUCTION, AND INSTALLATION OF TI 18.

MAXIMUM AMOUNT OF THIS CLIN SHALL NOT EXCEED $20,000.

SECTION B NOTES

Unless a specific CLIN is identified in the individual note, the notes apply to all CLINs.

NOTE 1 – The minimum guarantee for the resulting contract is $1,000,000.

NOTE 2 – The Government reserves the right to issue delivery orders and task orders via facsimile or by other electronic commerce methods. The Government may also issue Technical Instructions in accordance with NAVSEA

5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999), included in Section H.

NOTE 3 – The following table incorporates the proposed fee and profit percentages for CLINs 1000, 1001, 1002, 1004, 2000, 2001, 2002, 2004, 2007, 2008, and 2009:

CLIN: FEE /PROFIT TYPE RATE

1000 Target Profit (FPI) * %

2000 Target Profit (FPI) * %

2007 Target Profit (FPI) * %

1001 Fixed Fee (CPFF) * %

1004 Fixed Fee (CPFF) * %

2001 Fixed Fee (CPFF) * %

2004 Fixed Fee (CPFF) * %

2008 Fixed Fee (CPFF) * %

1002 Target Fee (CPIF) * %

1002 Minimum Fee (CPIF) 0 %

1002 Maximum Fee (CPIF) * %

2002 Target Fee (CPIF) * %

2002 Minimum Fee (CPIF) 0 %

2002 Maximum Fee (CPIF) * %

2009 Target Fee (CPIF) * %

2009 Minimum Fee (CPIF) 0 %

2009 Maximum Fee (CPIF) * %

* offeror to insert

NOTE 4 – CLINs 1003, 2003, and 2010 are Cost Reimbursable only. No Profit or Fee shall be associated with these

CLINs. Maximum cost for each CLIN has been established in Section B.

NOTE 5 – Although CLIN 1006 is listed in the schedule as Not Separately Priced (NSP), the Offeror shall complete the

“Estimated Total Price” block of each data item on the Contract Data Requirements List(s), attached as Exhibit A hereto.

NOTE 6 – The Option CLINs 2000 through 2010, to which the option clause FAR 52.217-9 in SECTION I applies, shall be supplied only if and to the extent said option CLINs are exercised and delivery/task orders are issued.

HQ B-2-0017 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR

52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the

Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a

Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the “DISPUTES” clause (FAR 52.233-1).

(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the

Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

(End of Text)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the

Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

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

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

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

Bookmark not defined.

HQ B-2-0014 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)

(a) For purposes of this contract, “fee” means “target fee” in cost-plus-incentive-fee type contracts, “base fee” in cost-plus-award-fee type contracts, “fixed fee” in cost-plus-fixed-fee type contracts for completion and phase type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled “FIXED FEE” (FAR 52.216-8) or “INCENTIVE FEE”, (FAR 52.216-10), as applicable. Such payments shall be equal to ** percent of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled “ALLOWABLE COST AND PAYMENT” (FAR 52.216-7), subject to the withholding terms and conditions of the “FIXED FEE” or “INCENTIVE FEE” clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the

Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, in accordance with the clause of this contract entitled “LIMITATION OF FUNDS” (FAR 52.232-22) or “LIMITATION OF COST”

(FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the

Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the

Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

** will be inserted at time of award

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

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

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled “FIXED FEE” (FAR 52.216-8) or “INCENTIVE FEE”, (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled “ALLOWABLE COST

AND PAYMENT” (FAR 52.216-7), subject to the withholding terms and conditions of the “FIXED FEE” or

“INCENTIVE FEE” clause, as applicable, and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.

HQ B-2-0016 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT

(NAVSEA) (SEP 1990)

(a) For the purpose of paragraph (c) of the “PROGRESS PAYMENTS” clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a

"material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.

(b) The PTD is considered to be a part of the “Technical Data” specified to be delivered under this contract for the purposes of the "TECHNICAL DATA--WITHHOLDING OF PAYMENT" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled “LIMITATION ON WITHHOLDING OF PAYMENTS” (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

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

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

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

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

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

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

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

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

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the

Contractor's or employee's convenience.

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

1997)

This contract includes the following mixture of cost reimbursement and fixed price line items:

Item Type

1000, 2000, 2007 Fixed Price Incentive (Firm Target) (FPI)

1001, 1004, 2001, 2004, 2008 Cost Plus Fixed Fee (CPFF)

1002, 2002, 2009 Cost Plus Incentive Fee (CPIF)

1003, 2003, 2010 Cost Reimbursable (CR)

1006 Not Separately Priced

Section C - Descriptions and Specifications

STATEMENT OF WORK

The Statement of Work is provided as Attachment 1 to the solicitation.

HQ C-2-0032 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT - ALTERNATE II

(NAVSEA) (SEP 2009)

(a) NAVSEA Form 4340/2 Government Furnished Information (Attachment 4), or Section C, as applicable, incorporates by listing or specific reference, all the data or information which the Government has provided or will provide to the Contractor except for:

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

(2) Government specifications, including drawings and other Government technical documentation which are referenced directly or indirectly in the specifications set forth in Section C and which are applicable to this contract as specifications, and which are generally available and provided to Contractors or prospective

Contractors upon proper request, such as Federal or Military Specifications, and Standard Drawings, etc.

(b) Except for the specifications referred to in subparagraphs (a)(1) and (2) above, the Government will not be obligated to provide to the Contractor any specification, drawing, technical documentation or other publication which is not listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, notwithstanding anything to the contrary in the specifications, the publications listed or specifically referenced in

NAVSEA Form 4340/2 or Schedule C, as applicable, the clause entitled “GOVERNMENT PROPERTY” (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.

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

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form

4340/2 or Schedule C, as applicable; or

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

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

(2) If any action taken by the Contracting Officer pursuant to subparagraph (c)(1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, 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.

HQ C-2-0055 TARGET PRICE NOTIFICATION REQUIREMENT (NAVSEA) (SEP 1995

(a) The Contractor shall notify the Contracting Officer, in writing, whenever it has reason to believe that--

(1) the costs the Contractor expects to incur within the next 60 days (including amounts payable to subcontractors), when added to all costs previously incurred, will exceed 75 percent of the target cost specified in the Schedule, or

(2) the projected cost for the performance of this contract, exclusive of target profit, will be greater than the target cost specified in Section B of the contract.

(b) As part of the notification the Contractor shall provide the Contracting Officer the date when it is estimated that costs incurred will equal or exceed target cost and a revised estimate of the total cost of performing the contract. In the event that the revised estimated cost plus any adjustment for profit or loss exceeds the ceiling price specified in the Schedule, the Government's liability is limited to the ceiling price specified in the Schedule.

(c) This notification requirement shall apply to each separately identified target price specified in Section B of the contract.

HQ C-1-0007 PROVISIONING TECHNICAL DOCUMENTATION (NAVSEA) (FEB 1994)

Any Provisioning Technical Documentation (PTD) delivered under this contract shall be prepared in accordance with the provisioning requirements included in the Statement of Work and the Contract Data Requirements List, DD

Form 1423, Exhibit A.

CLAUSE APPLICABILITY

Attachment 3 is a Clause Matrix that provides clause applicability for those clauses that are only applicable to certain

CLINs or delivery/task orders. Clauses not listed in the matrix apply to all CLINs or delivery/task orders.

SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL

a. Permission to visit. Whenever Contractor personnel are required to perform work aboard a ship of U.S.

Navy or associated Shore Facility, the Contractor shall submit a visit request via the Joint Personnel Adjudication

System (JPAS) using the visiting ship/facility’s SMO. If company does not have access to JPAS, a written request to visit must be sent to that ship/facility or ship Security Officer using the guidance below.

(1) For classified visits, the visit request shall include all information required by paragraph 6-100 of DOD

5220.22M Industrial Security Manual.

(2) For unclassified visits, the visit request shall include the following information on each person visiting the user agency’s facility or ship. The request shall be on company letterhead stationery with company address/telephone number and provide the following information:

Name:_________________________________________________

Job Title/Position:________________________________________

Government Security Clearance, if any:_______________________

SSN:___________________________________________________

Date/Place of Birth:_______________________________________

Citizenship:_____________________________________________

Current Residence Address:_________________________________

Length of Visit (if known)__________________________________

b. Citizenship. No employee or representative of the contractor shall be admitted to any facility or ship of the

U.S. Navy unless satisfactory proof of citizenship of the United States can be furnished. If citizenship cannot be verified via JPAS an I9 Employment Eligibility Verification form may be required.

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

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form

1423, Exhibit A, attached hereto.

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)

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

Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

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

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

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

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

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

HQ C-2-0008 ASSIGNMENT AND USE OF NATIONAL STOCK NUMBERS (NAVSEA) (MAY 1993)

To the extent that National Stock Numbers (NSNs) or preliminary NSNs are assigned by the Government for the identification of parts, pieces, items, subassemblies or assemblies to be furnished under this contract, the Contractor shall use such NSNs or preliminary NSNs in the preparation of provisioning lists, package labels, packing lists, shipping containers and shipping documents as required by applicable specifications, standards or Data item

Descriptions of the contract or as required by orders for spare and repair parts. The cognizant Government Contract

Administration Office shall be responsible for providing the Contractor such NSNs or preliminary NSNs which may be assigned and which are not already in possession of the Contractor.

HQ C-2-0009 ASSIGNMENT OF SERIAL NUMBER(S) (NAVSEA) (SEP 1990)

The Contractor shall request serial number assignment, in writing, from the Cognizant Technical Program Office, with a copy to the cognizant Contract Administration Office. The request for serial number assignment shall contain the following minimum information:

(a) Contract number;

(b) Assigned line item number and description;

(c) Assigned type designation;

(d) Assigned model number;

(e) Top drawing number and ID (List of Drawings) number;

(f) Exact quantity for which serial numbers are being requested, including preproduction samples required by the contract; and

(g) National Stock Number

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

RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled “RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER

SOFTWARE DOCUMENTATION” (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

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

(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.

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

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the

Government will be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.

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

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal ____________ dated ____________________ in response to Solicitation No. N00253-13-R-0013.

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the “ORDER OF PRECEDENCE” (FAR 52.215-8) clause of this contract. Under the “ORDER OF

PRECEDENCE” clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item (f) of the clause, following "the specification" in the order of precedence.

HQ C-2-0015 DATE/TIME PROCESSING REQUIREMENT--INFORMATION TECHNOLOGY (NAVSEA) (JUN

2000)

(a) All information technology (IT), whether commercial or noncommercial, delivered under this contract that will be required to perform date/time processing involving dates subsequent to December 31, 1999, shall be Year 2000 compliant if properly installed, operated, and maintained in accordance with the contract specifications and applicable documentation. If the contract requires that specific deliverables operate together as a system, this requirement shall apply to those deliverables as a system.

(b) “Information Technology” or “IT,” as used in this requirement, means “information technology” as that term is defined at FAR 2.101, and further including those items that would otherwise be excluded by paragraph (c) of that definition. “Year 2000 compliant” (as defined at FAR 39.002) means that the IT accurately processes date/time data

(including), but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other IT, used in combination with the IT being delivered, properly exchanges date/time data with it. The “proper exchange” of date/time data shall be in accordance with the interface requirements specification(s) of the contract.

(c) For line item deliverables which are commercial items (as defined at FAR 2.101), and which include commercial IT, the terms and conditions of the standard commercial warranty covering such commercial IT shall apply in addition to, and to the extent such terms and conditions are consistent with, this requirement. Any applicable commercial warranty shall be incorporated into this contract by attachment.

(d) Notwithstanding any provision to the contrary in any other warranty of this contract, or in the absence of any such warranty(ies), the remedies available to the Government under this requirement shall include those provided in the

Inspection clause(s) of this contract. Nothing in this requirement shall be construed to limit any rights or remedies the

Government may otherwise have under this contract.

(e) Unless specified elsewhere in the contract, the Contractor will also deliver to the Government a report summarizing any Year 2000 compliance testing that was performed, and the results thereof.

(f) The remedies available to the Government for noncompliance with this requirement shall remain available until 31

January 2001, or one hundred eighty (180) days after acceptance of the last deliverable IT item under this contract

(including any option exercised hereunder), whichever is later.

HQ C-2-0023 EXCLUSION OF MERCURY (NAVSEA) (MAY 1998)

Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.

HQ C-2-0024 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (NOV 1996)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The

Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software. Acceptance of the standard commercial warranty does not waive the Government's rights under the “Inspection” clause, nor does it limit the

Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

HQ C-2-0033 LIMITATION OF LIABILITY - HIGH VALUE ITEMS (NAVSEA) (JUN 1992)

The following items are subject to the clause of this contract entitled “LIMITATION OF LIABILITY--HIGH VALUE

ITEMS” (FAR 52.246-24):

CLIN 1000/2000/2007

CLIN 1001/2001/2008

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

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

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

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the

Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of

Government provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

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

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor.

The terms of paragraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion of performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the

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

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the

Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest of the Government.

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

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

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

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the

United States Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from participating in any research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

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

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

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

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

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

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

Section D - Packaging and Marking

HQ D-1-0001 DATA PACKAGING LANGUAGE

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), DOD 5220.22-M dated 28 February 2006.

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

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