N00253-17-R-0012_Seawater_Batteries.pdf

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Seawater Battery Assembly
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N00253-17-R-0012
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CODE

(Hour)

PAGE(S)

until 10:00 AM local time 08 Dec 2017

X

A X B X C X D

EX

X

G F 62 - 91

92 - 97 X H 98 - 102 christine.m.patters1@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-C9 1 102

(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 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

610 Dowell St., Keyport WA conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CHRISTINE M. PATTERSON 360-315-0726

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 - 17 18 - 20

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

21 - 25 26 - 28

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 29 - 32 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 33 - 36 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

37 - 60

PART II - CONTRACT CLAUSES

NAVAL UNDERSEA WARFARE CENTER

ATTN: CHRISTINE M. PATTERSON

CHRISTINE.M.PATTERS1@NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

360-315-0726

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

08 Nov 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0025317R0012

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 32 Each

FIRST ARTICLE - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Revision (Rev). A, Amendment (Amend.) 4 plus Notice of Revisions (NORs) authorized by the Naval Undersea Warfare Center Division, Keyport (NUWC Keyport) and the Naval Ocean Systems Center (NOSC): NUWC- K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

Testing shall be conducted by the vendor. All first articles shall be inspected by the Defense Contract Management Agency (DCMA) at Origin.

Allow 21 days for acceptance after receipt of TEST/INSPECTION REPORT, FIRST ARTICLE PRODUCTION LOT REPORT, Exhibit A, Sequence A003.

Report shall be submitted to Linda Valley, NUWC Keyport Code 423.

This item may be waived for proven sources in accordance with HQ C-2-0062 and

HQ M-2-0013.

DELIVERY WITHIN 210 DAYS OF AWARD.

Foreign Military Sales (FMS) FOB: Destination

NSN: 6135008839024

NET AMT

0002 720 Each

SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

Testing shall be conducted by the vendor. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER ACCEPTANCE OF TEST/

INSPECTION REPORT, FIRST ARTICLE PRODUCTION LOT REPORT, OR

DATE OF CONTRACT AWARD IF FIRST ARTICLES ARE WAIVED.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot), as required by Contract Line Item Number (CLIN) 0003.

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple Sub-Line Item Numbers (SLINs).

STEPLADDER PRICING - CLIN 0002

SUPPLIES/SERVICES ITEM NO FROM QTY TO QTY UNIT PRICE

SEAWATER BATTERIES 0002 50 144

151 288 301 432 451 576 601 720

0003 30 Each

SAMPLES - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

TEST/INSPECTION REPORT, LOT REPORT, Exhibit A, Sequence A002, shall be submitted to Government (Linda Valley, NUWC Keyport Code 423) for review prior to lot acceptance. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER ACCEPTANCE OF TEST/

INSPECTION REPORT, FIRST ARTICLE PRODUCTION LOT REPORT, OR

DATE OF CONTRACT AWARD IF FIRST ARTICLES ARE WAIVED.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot).

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 0003

SUPPLIES/SERVICES ITEM NO QUANTITY UNIT PRICE

SEAWATER BATTERIES - SAMPLES 0003 6

0004 1 Lot

TEST/INSPECTION/PRODUCTION - CDRL

FFP

Contract Data Requirements List (CDRL), DD1423, Exhibit A, Sequence A001- A003.

Not Separately Priced (NSP)

FMS

1001 644 Each

OPTION OPTION 1 - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

Testing shall be conducted by the vendor. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot), as required by CLIN 1002.

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 1001

SEAWATER BATTERIES 1001 50 144

151 288 301 432

601 644

1002 30 Each

OPTION SAMPLES - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

TEST/INSPECTION REPORT, LOT REPORT, Exhibit A, Sequence A002, shall be submitted to Government (Linda Valley, NUWC Keyport Code 423) for review prior to lot acceptance. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot).

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 1002

SEAWATER BATTERIES - SAMPLES 1002 6

2001 644 Each

OPTION OPTION 2 - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

Testing shall be conducted by the vendor. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot), as required by CLIN 2002.

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 2001

SEAWATER BATTERIES 2001 50 144

151 288 301 432

2002 30 Each

OPTION SAMPLES - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

TEST/INSPECTION REPORT, LOT REPORT, Exhibit A, Sequence A002, shall be submitted to Government (Linda Valley, NUWC Keyport Code 423) for review prior to lot acceptance. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot).

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 2002

SEAWATER BATTERIES - SAMPLES 2002 6

3001 644 Lot

OPTION OPTION 3 - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

Testing shall be conducted by the vendor. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot), as required by CLIN 3002.

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 3001

SEAWATER BATTERIES 3001 50 144

151 288 301 432

3002 30 Lot

OPTION SAMPLES - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

TEST/INSPECTION REPORT, LOT REPORT, Exhibit A, Sequence A002, shall be submitted to Government (Linda Valley, NUWC Keyport Code 423) for review prior to lot acceptance. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot).

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 3002

SEAWATER BATTERIES - SAMPLES 3002 6

4001 644 Each

OPTION OPTION 4 - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

Testing shall be conducted by vendor. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot), as required by CLIN 4002.

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 4001

SEAWATER BATTERIES 4001 50 144

151 288 301 432

4002 30 Each

OPTION SAMPLES - SEAWATER BATTERIES

FFP

Seawater Batteries shall be manufactured, inspected, tested, and delivered in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B- 82439, Rev. A, Amend. 4 plus NORs: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03, and all associated drawings, changes, and specifications.

TEST/INSPECTION REPORT, LOT REPORT, Exhibit A, Sequence A002, shall be submitted to Government (Linda Valley, NUWC Keyport Code 423) for review prior to lot acceptance. DCMA inspector will choose the samples used for testing.

DELIVERY WITHIN 210 DAYS AFTER OPTION EXERCISE.

Vendor periodic testing is required based on maximum lot size of 150 (6 destructive samples per lot).

FMS - Product lot will based on the total quantity, however, funding and country data may be issued on multiple SLINs.

STEPLADDER PRICING - CLIN 4002

SEAWATER BATTERIES - SAMPLES 4002 6

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.

(End of Text)

HQ B-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C - Descriptions and Specifications

STATEMENT OF WORK

Battery Assembly, Seawater For the MK 46 Torpedo System

BACKGROUND

This procurement has been generated in accordance with tasking from PMS404 for the purpose of Replenishment Spares to support the MK 46 Torpedo system in the Fleet.

1.0 SCOPE

The vendor shall provide all necessary materials and services to manufacture and deliver the Battery Assembly, Seawater, per the specifications listed on Drawing 2526785, Assembly Level Baseline-Sequential, and Drawing 2526785, Reference Documents for Assembly.

2.0 APPLICABLE DOCUMENTS

The following documents form a part of the Statement of Work to the extent specified herein:

2.1 Specification

MIL-B-82439, Rev. A, Amend 4 plus NORS: NUWC-K/6423/01R1, NOSC 3653/01, NOSC

3774/01, NOSC 3897/03

2.2 Production Drawings

Drawing 2526785, Assembly Level Baseline-Sequential, and Drawing 2526785, Reference Documents for Assembly.

3.0 REQUIREMENTS

The Vendor shall manufacture, inspect, test, and deliver the Battery Assembly, Seawater in accordance with all drawings and specifications contained in Assembly Level Baseline and Reference Documents for Assembly.

3.1 First Article

First Article of 32 in shipping containers shall be manufactured, inspected, and delivered using the production machines, methods and procedures proposed in the Contractor’s Technical Proposal.

The items shall be tested by the manufacturer in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B-82439, Rev. A, Amend 4 plus NORS: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03. If after the approval of the First Article items, any design, or material changes that are made to the Battery Assembly, Seawater that will affect operational characteristics, or substantially altered facilities are used in production, new First Article items shall be manufactured by the Vendor and tested in accordance with the specification noted.

Procurement of material or items by the Vendor, prior to completion of inspections or tests and U.S.

Government approval of the TEST/INSPECTION REPORT, FIRST ARTICLE PRODUCTION LOT REPORT, shall be at Vendor risk.

3.1.1 First Article Tests

First Article Tests may be required from any vendor that has not produced the required end product in the last two (2) years. Per the contract specifications, tests will be conducted by the manufacturer in accordance with Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B-82439, Rev. A, Amend 4 plus NORS: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03.

Allow 21 days for acceptance after receipt of TEST/INSPECTION REPORT, FIRST ARTICLE

PRODUCTION LOT REPORT, Exhibit A, Sequence A003. Report shall be submitted to Linda Valley, NUWC Keyport Code 423.

3.2 Production Items

3.2.1 Quality Conformance Tests

Each production lot submitted for U.S Government Acceptance shall conduct quality Conformance Tests per Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B-82439, Rev. A, Amend 4 plus NORS: NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03. Local DCMA representative shall perform review prior to shipment of TEST/INSPECTION REPORT, LOT REPORT.

3.2.2 Production Lot Samples

Periodic production test samples shall be chosen by a random sample of 6 units per lot of 150.

Samples shall be selected by DCMA. Tests shall be conducted by the manufacturer per Drawing 2526785, Assembly Level Baseline-Sequential, MIL-B-82439, Rev. A, Amend 4 plus NORS:

NUWC-K/6423/01R1, NOSC 3653/01, NOSC 3774/01, NOSC 3897/03.

Allow 21 days for acceptance after receipt of TEST/INSPECTION REPORT, LOT REPORT, Exhibit A, Sequence A002. Report shall be submitted to Linda Valley, NUWC Keyport Code 423.

3.3 DATA

3.3.1 NAVSEA Drawings, Engineering Change Proposals

In the event that engineering changes are required, the Vendor shall prepare and submit an Engineering Change Proposal (ECP) (Class I or Class II) and corresponding NOR accompanied by marked-up drawings to reflect all proposed production design changes for NUWC Keyport Code 423, via the Contract Administration Office, for review and approval. The Vendor shall not implement the change until receipt of written approval from NUWC Keyport. If approved, NUWC Keyport/Newport will make all necessary revisions to the production master drawings as a result of Vendor proposed changes. When the Government disapproves an ECP, the Vendor will be so notified in writing and will be given the reasons for the disapproval. ECPs shall be in accordance with MIL-STD-973 and form DD1694.

3.3.2 Requests for Deviations and Waivers

Requests for Deviations and Waivers, as defined in MIL-STD-973, shall be submitted to NUWC Keyport Code 423 for approval or disapproval, via the Contract Administration Office, for review and approval. Deviations or waivers will be granted or disapproved by NUWC Keyport in writing.

All deviations and waivers submitted by the Vendor shall be developed in accordance with MIL- STD-973 and form DD1694.

3.3.3 Quality Assurance, Test, and Inspection Plan

The vendor shall provide a system quality assurance, test, and inspection plan that parallels the requirements of ANSI-ASQC Q9000-2000 or ISO 9001:2008. Submission of the TEST PROCEDURE, INSPECTION SYSTEM PLAN shall be per Exhibit A, Sequence A001.

HQ C-1-0001 ITEM(S) A002-A002 - 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-2-0008 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-2-0026 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (APR 2015)

(a) For the purpose of this contract, the "First Article" is synonymous with the terms "preproduction model(s) and "preproduction equipment".

(b) The First Article shall conform in every respect to the requirements of this contract and shall be fully tested by the Contractor to determine compliance with said requirements. The production equipment shall be manufactured with tools, material and methods that are the same as or representative of the tools, material and methods that were used to manufacture the First Article.

(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.

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.

HQ C-2-0062 WAIVER OF FIRST ARTICLE REQUIREMENTS (NAVSEA) (SEP 1990)

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)

Section D - Packaging and Marking

HQ D-1-0001 DATA PACKAGING LANGUAGE (NAVSEA) (JUL 2016)

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 with Change 2 dated 18 May 2016.

HQ D-2-0003 ADDITIONAL MARKING REQUIREMENTS FOR FMS ITEMS (NAVSEA) (SEP 1992)

(a) The following identifying marks shall appear on the outside of each box, parcel and/or crate and all shipping papers included in each shipment:

NAVY

FMS CASE To Be Determined (TBD) and provided at contract award.

REQUISITION NO. TBD

ITEM DESCRIPTION TBD

If a consolidated shipment of several items in one container is forwarded, add to the above information

"CONSOLIDATED SHIPMENT, CONTAINS ITEMS".

(b) The inscription "UNITED STATES OF AMERICA" shall be affixed in a suitable size indelible stencil, label or printed form on all external shipping containers or the exterior surface of uncrated items.

(c) All invoices, correspondence, reports and other documents shall be identified with the appropriate FMS case designator, requisition number(s), and item description(s).

HQ D-2-0005 IDENTIFICATION MARKING OF PARTS – ALTERNATE I (NAVSEA) (APR 2015)

(a) Identification marking of individual parts within the systems, equipments, assemblies, subassemblies, components, groups, sets or kits, and of spare and repair parts shall be done in accordance with applicable specifications and drawings.

To the extent identification marking of such parts is not specified in applicable specifications or drawings, such marking shall be accomplished in accordance with the following:

(1) Parts 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 equipments and electrical parts when used in equipments 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(1) dated 10 November 2010, or, where MIL-STD-1285D(1) 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 equipments and electronic parts when used in equipments 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. 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.

HQ D-2-0007 MARKING AND PACKING LIST(S) - ALTERNATE I (NAVSEA) (APR 2015)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with MIL-STD- 129R dated 18 February 2014.

(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.

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

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

(1) name and business address of the Contractor

(2) contract number

(3) contract dollar amount

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

(5) sponsor: Linda Valley (Name of Individual Sponsor) NUWC Keyport Code 423 (Name of Requiring Activity) Keyport, WA (City and State)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Destination Government 0002 Origin Government Destination Government 0003 Origin Government Destination Government 0004 Origin Government Destination Government 1001 Origin Government Destination Government 1002 Origin Government Destination Government 2001 Origin Government Destination Government 2002 Origin Government Destination Government 3001 Origin Government Destination Government 3002 Origin Government Destination Government 4001 Origin Government Destination Government 4002 Origin Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

ANSI-ASQC Q9000-2000 and ISO 9001:2008

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require--

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source.

In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________[identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: _______________________________

Signature: ______________________________________

Title: __________________________________________

52.246-16 Responsibility For Supplies APR 1984

HQ E-1-0001 INSPECTION AND ACCEPTANCE OF DATA

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form 1423.

HQ E-2-0003 CALIBRATION SYSTEM REQUIREMENTS (NAVSEA) (APR 2015)

Calibration System Requirements. The calibration of measuring and testing equipment shall, as a minimum, adhere to the requirements of ANSI/NCSL Z540.3-2006.

HQ E-2-0004 COST OF QUALITY DATA (NAVSEA) (MAY 1995)

Cost of Quality Data: The contractor shall maintain and use quality cost data as a management element of the quality program. The specific quality cost data to be maintained and used will be determined by the contractor.

These data shall, on request, be identified and made available for "on site" review by the Government representative.

HQ E-2-0008 INSPECTION AND TEST RECORDS (NAVSEA) (MAY 1995)

Inspection and Test Records: Inspection and test records shall, as a minimum, indicate the nature of the observations, number of observations made, and the number and type of deficiencies found. Data included in inspection and test records shall be complete and accurate, and shall be used for trend analysis and to assess corrective action and effectiveness.

HQ E-2-0014 QUALITY IN SOFTWARE DEVELOPMENT AND PRODUCTION (NAVSEA) (MAY

1995)

Quality in Software Development and Production: The contractor's software quality program shall be an integral part of the overall Quality Assurance Program. Software quality program controls shall be applicable to all project software that is developed, maintained, or modified within the following categories:

(a) All deliverable software

(b) All deliverable software that is included as part of deliverable hardware or firmware.

(c) Non deliverable software (commercially available or user-developed) used for development, fabrication, testing, or acceptance of deliverable software or hardware (includes automated fabrication, test, and inspection/acceptance equipment software and software design, test, and inspection tools).

(d) Commercially available, reusable, or Government software designated as part of a deliverable item.

HQ E-2-0015 QUALITY MANAGEMENT SYSTEM REQUIREMENTS (NAVSEA) (APR 2017)

Quality Management System Requirements. The Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ANSI-ASQC Q9000-2000 or ISO 9001:2008 Quality Management Systems and supplemental requirements imposed by this contract. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall require of subcontractors a quality management system achieving control of the quality of the services and/or supplies provided. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

HQ E-2-0017 USE OF CONTRACTOR’S INSPECTION EQUIPMENT (NAVSEA) (MAY 1995)

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

C.102 ACCEPTANCE INSPECTION

Acceptance inspection of lots or batches will be in accordance with American National Standard ANSI/ASQ Z1.4- 2003. Unless otherwise specified, attributes, which if defective would prohibit or reduce the usability of the product for its intended purpose, will be inspected at an acceptable quality level (AQL) of 1.0. Attributes which do not materially reduce the usability of the product will be inspected at an AQL of 2.5. Any attributes classified as critical on the technical documentation will be inspected on each unit of product submitted. The right is reserved to reject any unit of product found nonconforming during inspection whether that unit of product forms a part of a sample or not, and whether the lot or batch as a whole is accepted or rejected.

Constructive Acceptance Timeframe for this procurement is 21 days for test samples and 10 days for production items after receipt of material.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 210 dys. ADC 32 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

N00253

0002 210 dys. AFATA 720 (SAME AS PREVIOUS LOCATION)

0003 210 dys. AFATA 30 (SAME AS PREVIOUS LOCATION)

0004 15 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

1001 210 dys. AOE 644 (SAME AS PREVIOUS LOCATION)

1002 210 dys. AOE 30 (SAME AS PREVIOUS LOCATION)

2001 210 dys. AOE 644 (SAME AS PREVIOUS LOCATION)

2002 210 dys. AOE 30 (SAME AS PREVIOUS LOCATION)

3001 210 dys. AOE 644 (SAME AS PREVIOUS LOCATION)

3002 210 dys. AOE 30 (SAME AS PREVIOUS LOCATION)

4001 210 dys. AOE 644 (SAME AS PREVIOUS LOCATION)

4002 210 dys. AOE 30 (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999

HQ F-2-0002 ADDITIONAL SHIPPING INSTRUCTIONS FOR FMS ITEMS (NAVSEA) (SEP 1992)

(a) The Contractor shall, within sixty days prior to the first scheduled delivery date, notify the cognizant Contract Administration Office (CAO) of the point of origin, description of material, quantity, approximate gross weight and cubic measurement, number of cases, approximate date shipment is expected to be ready for movement, appropriate requisition number(s) and FMS case designator. The notification shall be accompanied by six (6) copies of priced Material Inspection and Receiving Report (MIRR) (DD Form 250) with packing lists.

(b) The CAO shall forward the above information to Linda Valley, NUWC Keyport Code 423.

(c) Subsequent to notification as required by paragraph (b), the CAO shall:

(1) Forward four (4) copies of priced DD Form 250 with packing lists and one (1) copy of bill of lading to the Country Freight Forwarder, and

(2) Forward two (2) copies of priced DD Form 250 with packing lists and one (1) copy of bill of lading or other evidence of delivery to the office specified in paragraph (b) above.

HQ F-2-0004 F.O.B. DESTINATION (NAVSEA) (APR 2015)

All supplies hereunder shall be delivered with all transportation charges prepaid, in accordance with the clause hereof entitled "F.O.B. DESTINATION" (FAR 52.247-34) in accordance with the delivery instructions specified herein.

The Contractor shall not ship directly to a military air or water port terminal without authorization by the cognizant Contract Administration Office.

Except when the Material Inspection and Receiving Report (MIRR) (DD 250) is used as an invoice, the Contractor shall enter unit prices on all MIRR copies. Contract line items shall be priced using actual prices, or if not available, estimated prices. When the price is estimated, an "E" shall be entered after the price.

All data to be furnished under this contract shall be delivered prepaid to destination(s) at the time(s) specified on the Contract Data Requirements List(s), DD Form 1423.

Section G - Contract Administration Data

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-0002 Line Item Specific: Sequential ACRN Order SEP 2009

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

ORIGIN

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N62839 Issue By DoDAAC N00253 Admin DoDAAC N00253 Inspect By DoDAAC ADDED AFTER AWARD Ship To Code N00253 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

receiptcontrol.nuwckpt.fct@navy.mil and linda.valley@navy.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Keyport Vendor Pay Group at (360) 315-8500 or at vendorpay.nuwckpt.fct@navy.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

HQ G-2-0002 CONTRACT ADMINISTRATION DATA

Enter below the address (street and number, city, county, state and zip code) of the Contractor's facility which will administer the contract if such address is different from the address shown on the SF 26 or SF 33, as applicable.

HQ G-2-0004 PURCHASING OFFICE REPRESENTATIVE

PURCHASING OFFICE

REPRESENTATIVE:

Christine M. Patterson Naval Undersea Warfare Center Keyport 610 Dowell Street Keyport, WA 98345

Telephone No.: 360-315-0726 Email Address: christine.m.patters1@navy.mil

HQ G-2-0009 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (APR 2015)

(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the technical instruction (TI), sub line item number (SLIN), or contract line item number (CLIN) level, rather than on a total contract/TO basis, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by TI, SLIN, or CLIN level. For other than firm fixed price subcontractors, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer (CO) and Contracting Officer Representative (COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the CO and COR; or other method as agreed to by the CO.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and CO on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and CO email notification as required herein.

Section H - Special Contract Requirements

5252.202-9101 ADDITIONAL DEFINITIONS (MAY 1993)

As used throughout this contract, the following terms shall have the meanings set forth below:

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

(b) 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.

(c) REFERENCES TO ARMED SERVICES PROCUREMENT REGULATION OR DEFENSE ACQUISITION REGULATION - All references in this document to either the Armed Services Procurement Regulation (ASPR) or the Defense Acquisition Regulation (DAR) shall be deemed to be references to the appropriate sections of the

FAR/DFARS.

5252.227-9113 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (APR 2015)

(a) The Contractor shall participate in the appropriate interchange of the Government-Industry Data Exchange Program (GIDEP) in accordance with GIDEP PUBLICATION 1 dated April 2008. Data entered is retained by the program and provided to qualified participants. Compliance with this requirement shall not relieve the Contractor from complying with any other requirement of the contract.

(b) The Contractor agrees to insert paragraph (a) of this requirement in any subcontract hereunder exceeding $500,000.00. When so inserted, the word "Contractor" shall be changed to "Subcontractor".

(c) GIDEP materials, software and information are available without charge from:

GIDEP Operations Center P.O. Box 8000 Corona, CA 92878-8000

Phone: (951) 898-3207

FAX: (951) 898-3250

Internet: http://www.gidep.org

C.106 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA

(a) By Department of Defense (DOD) Directive 5230.25 (hereinafter referred to as “the Directive”), a program was established to allow Qualified U.S. Contractors to obtain export-controlled technical data under certain conditions. A "Qualified U.S. Contractor" is a private individual or enterprise (hereinafter described as a "U.S.

Contractor") that, in accordance with procedures established by the Under Secretary of Defense for Research and Engineering, certifies, as a condition of obtaining export-controlled technical data subject to the Directive from the Department of Defense, that:

(1) The individual who will act as recipient of the export-controlled technical data on behalf of the U.S.

Contractor is a U.S. citizen or a person admitted lawfully into the United States for permanent residence and is located in the United States;

(2) Such data are needed to bid or perform on a contract with the Department of Defense, or other U.S.

Government agency, or for other legitimate business purposes in which the U.S. Contractor is engaged, or plans to engage. The purpose for which the data are needed shall be described sufficiently in such certification to permit an evaluation of whether subsequent requests for data are related properly to such business purpose.

(3) The U.S. Contractor acknowledges its responsibilities under U.S. export control laws and regulations

(including the obligation, under certain circumstances, to obtain an export license prior to the release of technical data within the United States) and agrees that it will not disseminate any export-controlled technical data subject to the Directive in a manner that would…

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