N00383-13-R-0030.docx

N00383-REPAIR BOA

N00383-REPAIR RQTS/IDIQ

N00383-13-R-0030

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

N0038313Y2285

NAVSUP Weapon Systems Support-Philadelphia ATTN: Carol Steinhouse, Code 0234.39 Phone 215-697- 2121 Email: carol.steinhouse@navy.mil 700 Robbins Avenue Philadelphia, PA 19111-5098

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offer in original and 2 copies for furnishing the supplies or service in the Schedule will be received at the place specified in Item 8, by 2:00 p. m. local time EST.

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 conditions contained in this solicitation.

10. FOR

INFORMATION

CALL ►

Carol Steinhouse 0234.39

11. TABLE OF CONTENTS

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

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

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

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

15A. NAME AND

ADDRESS

OF OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or Print)

|_| IS DIFFERENT FROM ABOVE – ENTER SUCH

ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

IN(4 copies unless otherwise specified)

ITEM

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

N00383-13-R-0021

TABLE OF CONTENTS

PART I THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A01 TYPE OF CONTRACT REPAIR REQUIREMENTS

FAR 52.216-21 REQUIREMENTS

DFARS 252.216-7006 ORDERING

FAR 52.216.7 ALLOWABLE COST AND PAYMENT

FAR 52.216-8 FIXED FEE

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 SERVICES, MATERIALS AND PARTS TO BE FURNISHED

B02 WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK

B03 PLACING AND PROCESSING ORDERS

B04 COST REPORTING

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C01 INPUT OF ARTICLES TO BE REPAIRED AND/OR MODIFIED

C02 SPECIFICATIONS FOR REPAIR/MODIFICATION

C03 DFARS 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS

AND STANDARDS

SECTION D - PACKAGING AND MARKING

D01 NAVSUPWSSDA01 DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION

INCORPORATED BY REFERENCE

D02 DFARS 252.211-7006 RADIO FREQUENCY IDENTIFICATION

SECTION E - INSPECTION AND ACCEPTANCE

E01 FAR 52.246-2 INSPECTION OF SUPPLIES-COST REIMBURSEMENT

E02 NAVSUPWSSEA10 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT

INSPECTION SYSTEM

E03 FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES

E04 INSPECTION AND ACCEPTANCE AT ORIGIN (REPAIRABLE ASSEMBLIES)

E05 INSPECTION AND ACCEPTANCE AT DESTINATION (REPORTS)

E06 INSPECTION AND ACCEPTANCE (DATA REQUIREMENTS)

SECTION F - DELIVERIES OR PERFORMANCE

F01 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

F02 PLACE OF DELIVERY

F03 TIME OF DELIVERY

F04 NAVSUP 5252.225-9406 VERIFICATION OF “SHIP TO” AND/OR “NOTICE OF

AVAILABILITY” ADDRESS

F05 NAVSUPWSSFA09 REDISTRIBUTION ORDER/READY FOR ISSUE - NAVY

TRANSPORTATION - CAV

F06 NAVSUPWSSFA22 DIRECT SHIP FOR REDISTRIBUTION

SECTION G - CONTRACT ADMINISTRATION

G01 CONTRACT ADMINISTRATION

G03 ACCOUNTING AND APPROPRIATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H01 NAVSUPWSSHA21 NOTICE OF ASSIGNMENT

H02 NAVSUPWSSHA16 OPTION TO EXTEND EFFECTIVE PERIOD OF CONTRACT

H03 NAVSUPWSSHA18 CONTRACT SECURITY CLASSIFICATION SPECIFICATION

H04 RENT FREE USE OF GOVERNMENT PROPERTY

H05 APPOINTMENT OF CONTRACTING OFFICER REPRESENTATIVE (COR)

PART II CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I01 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

I02 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES

I03 FAR 52.223-11 OZONEDEPLETING SUBSTANCES

I04 FAR 52.244-2 SUBCONTRACTS

I05 WARRANTY FOR OVERHAUL AND REPAIR

I06 NAVSUPWSSIA18 CONFIGURATION MANAGEMENT

I07 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATIONS

I08 DFARS 252.219-7003D SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS) (DEV)

I09 DFARS 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN

MILITARY SALES

I10 FAR 52.222-99 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEV)

I11 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

I12- DPAP 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION) I13- DPAP 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION)

PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

E - DD Form 1423 CONTRACT DATA REQUIREMENTS LIST (CDRL)

PART IV REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K01 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

K02 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

K03 FAR 52.207-4 ECONOMIC PURCHASE QUANTITY – SUPPLIES

K04 FAR 52.225-4 BUY AMERICAN ACT-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT CERTIFICATE

K05 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

K06 FAR 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES

K07 DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT

K08 DFARS 252.217-7026 IDENTIFICATION OF SOURCES OF SUPPLY

K09 DFARS 252.225-7000 BUY AMERICAN ACTBALANCE OF PAYMENTS PROGRAM CERTIFICATE

K10 DFARS 252.225-7035 BUY AMERICAN ACT - FREE TRADE AGREEMENTS - BALANCE OF PAYMENTS

PROGRAM CERTIFICATE

K11 RESERVED

K12 DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

K13 NAVSUPWSSKA03 AUTHORIZED NEGOTIATORS

K14 NAVSUPWSSKA04 PRICING INFORMATION

K15 NAVSUPWSSKA06 TRANSPORTATION AND MATERIAL SOURCE INFORMATION

K16 DFARS 252.225-7010 COMMERCIAL DERIVATIVE MILITARY ARTICLE-SPECIALTY

METALS COMPLIANCE CERTIFICATE

K17 DFARS 252.225-7020 TRADE AGREEMENT CERTIFICATE

K18 DPAP 252.209-7999 REPRESENTATIONS BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERFAL

LAW (DEVIATION)

K19 252. 209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2013

APPROPRIATIONS (DEVIATION 2013-O0010) (APR 2013)

K20 DFAR 252.215-7009 PROPOSAL ADEQUACY CHECKLIST (MAR 2013)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L01 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

L02 FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE

L03 FAR 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA

L04 CERTIFICATE OF CURRENT COST OR PRICING DATA

L05 FAR 52.216-1 TYPE OF CONTRACT

L06 FAR 52.233-2 SERVICE OF PROTEST

L07 DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT

L08 RESERVED

L09 NAVSUPWSSLA12 ACCEPTANCE PERIOD

L10 NAVSUPWSSLA14 REQUESTS FOR INFORMATION

L11 NAVSUPWSSLA15 TRANSMITTAL OF OFFERS

L12 NAVSUPWSSLA16 DRAWINGS ARE NOT AVAILABLE

L13 NAVSUPWSSLA18 REVIEW OF AGENCY PROTESTS

L14 NAVSUPWSSLA19 CONSIGNMENT INSTRUCTIONS

L15 DAFRS 252.222-7999 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES

RESTRICTING THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEV)

L16 NAVSUP 5252.243-9400 AUTHORIZED CHANGES ONLY BY THE CONTRACTING

OFFICER

L17 NAVSUP 5252.204-9400 CONTRACTOR ACCESS TO FEDERALLY CONTROLLED

FACILITIES AND/OR UNCLASSIFIED SENSITIVE INFORMATION OR UNCLASSIFIED

IT SYSTEMS

The text of all FAR, DFARS, and NMCARS provisions and clauses may be accessed electronically at the following links:

FAR, DFARS and NMCARS at the Hill AFB website --http://farsite.hill.af.mil/VFFARa.htm

FAR only at the GSA website (click on “Regulations: FAR”) --http://www.gsa.gov/Portal/gsa/ep/home.do?tabId=0

DFARS and NMCARS only at the DPAP website --https://acquisition.navy.mil/rda/home/policy_and_guidance

The text of all NAVSUP and NAVSUP WSS clauses will be contained in the body of the contract.

PART I THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A01 - TYPE OF CONTRACT -- REQUIREMENTS

1. Award under this Request for Proposal (RFP) will result in a Two Year Cost plus Fixed Fee Requirements Contract with no Options for repair/overhaul of the P-8 aircraft. During the length of the contract, all repairs for items as listed on Attachment “A” to this solicitation will be paid on a Cost-Plus Fixed Fee Basis in accordance with Attachment “D” and the terms of this contract. Boeing shall provide Commercial Asset Visability Reporting (CAV) reporting for all items covered by this contract.

CAV reporting for this one year period shall be Firm Fixed Price.

2. Orders may be issued up to one year from date of Award. The Government may revise funding on an order due to variations of quantities or types of items inducted. Periodic reconciliations will be made at least every six months and within 30 days of the end of the contract. These reconciliations will make adjustments necessary due to variations between the quantities or items ordered and the quantities or items inducted. These reconcilliations will also make any fixed fee adjustments in accordance with Paragraph 7 below. Such reconciliation will be set forth in contract/order modificiations, and any money owed by Boeing will be returned to the Governemnt within 30 days of issuance of the reconciliation modification.

3. The authorized ordering activity under the Cost Plus Fixed Fee Requirements Contract is the NAVSUP-Weapon Systems Support-Philadelphia. Prices (Estimated Cost and Fixed Fee) will be for Repair/Modification (including for scrap/BER and BPR) and/ or Overhaul of the items specified in Section B01 and Attachment “A” hereto, and orders may be issued for a period of one year from the date of award. Orders will specify the induction period.

4. Quantities shown onAttachment “A” are estimates only and are not guaranteed to be ordered by the Government during the two-year term of this contract and are neither minimum or maximum quantities.

5. All parts necessary to effect repairs shall be furnished by the contractor and shall be considered to have been included in the estimated cost of repairs and overhauls.

6. The Government reserves the right to issue orders, or multiple orders, subject to fund availability.

7. Payment of Fixed Fee. Fixed Fee shall be paid in accordance with the Schedule/Attachment “D,” Estimated Cost, Fixed Fee and RTAT Schedule (setting forth the estimated cost, fixed fee negotiated for each item), FAR 52.216-8 “Fixed Fee” and this paragraph. Note that for any item, the Fixed Fee to be paid will vary depending on whether the repair falls into a repair/overhaul, a No Fault Found (NFF)or BER/BPR category. Periodic reconciliations will be made as needed, based on the number of repairs in each of these categories and for quantities actually inducted. For any order, the maximum Fixed Fee payable shall not exceed the fee amounts specified on Attachment “D” times the quantity of units inducted and repaired for each fee category, or the Fixed Fee funded on the order, whichever is lower. After payment of 85% percent of the fixed fee, the Contracting Officer authorizes withholding of any further payment of fee. This Fixed Fee reserve will not exceed 15 percent of the total fixed fee per item or $100,000.00, whichever is less, and will be released when the affected goods are accepted.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a Requirements contract for the supplies and services specified, and effective for the period stated in the schedule. The quantities of supplies or services specified in the schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities cited in the schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause. Subject to any limitations in the Delivery Order Limitations Clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the schedule and called for by the Ordering Clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the schedule that are required to be purchased by the Government activity or activities as specified in the schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and the Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

DFARS 252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the effective date of the contract through two years from date of award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered "issued" when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 - SERVICES, MATERIALS, AND PARTS TO BE FURNISHED

(a) The Government may order, in the manner provided elsewhere herein, the following types of effort:

(1) Repair and/or Modification/and or Overhaul: The contractor shall furnish effort including labor, material, and facilities as may be required to repair and/or modify the ordered quantities of weapons and/or spare repairables assemblies in Attachment “A” in support of the P8 Aircraft. The repairable assemblies to be repaired and/or modified and/or overhauled under this agreement are set forth by manufacturer's part number in Attachment "A" and constitute “Government Property” as defined in FAR clause 52.245-1 “Government Property” or 52.245-1 Alternate I, as applicable. Repair and/or modification of weapons and/or spare repairable assemblies will be accomplished in accordance with the Statement of Work (Section C02).

(2) CAVS Reporting: The Contractor shall furnish effort including labor, materials, and facilities as may be required to accumulate, format, and transmit the transactions specified in Section B02.

B02 - WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK (SOW)

See Attachment B

B03 - PLACING AND PROCESSING ORDERS

NOTE: Until all items and categories on Attachment A & E have been negotiated on a Cost Plus Fixed Fee basis, orders will be solicited through the contractor as ceiling priced orders following the negotiated terms and conditions included herein.

Proposed prices and fee shall be used as the basis for establishing the ceiling priced orders and negotiated downwards. Once all items and categories on Attachment A & E have been negotiated, Attachment E shall be updated and incorporated into the contract via contract modification to reflect negotiated prices along with fee percentage and threshold. These negotiated prices shall be used from therein on following delivery orders. Definitized orders will result in 100% cost plus previously established fee dollar threshold.

Open delivery orders shall be modified to reflect negotiated prices established on the updated Attachment E.

(a) Ordering Period: The Government may during the period commencing on the date of execution of this contract and ending 30 September 2015, place orders for articles to be serviced hereunder.

(b) Authorized Ordering Activity

(1) The Procuring Contracting Officer (PCO) shall place orders under this agreement in the manner provided elsewhere herein;

(c) Form and Content of Orders: Orders issued under this Contract shall be prepared on DD Form 1155; however, if exigency so demands, order may be issued via electronic transmission (e.g. FAX) and will be confirmed by DD Form 1155 as soon as practicable thereafter, and will bear the notation "CONFIRMING ORDER".

In addition, each DD Form 1155 order shall include the following:

(i) The order number, date, and appropriate reference to this contract;

quantities thereof;

(iv) Applicable appropriation and accounting data and special invoicing instructions, if applicable;

(v) Applicable DO Rating certified under DMS Regulation No. 1.

(d) Obligations of Contractor

(1) The contractor shall, except as specified in paragraph (2) below, immediately proceed with the servicing of the articles covered by the order.

(2) The contractor shall not proceed if:

(i) Any Order for Repair, Modfication or Overhaul which requires an article that the contractor cannot identify by the given part number.

(ii) Any Order for Repair, Modification or Overhaul which requires an article which has been superseded as the result engineering change and the contractor is not authorized to proceed in accordance with the clause herein entitled “Design Changes”

(iii) Any Order for Repair, Modification or Overhaul for which the cost ( estimated cost) of repair exceeds 75% of the contractor’s most recent spares price to the Government ( based on production run quantities) of a new article of like or similar configuration.

(3) Where the contractor is not authorized to proceed, the contractor shall so advise the PCO (by FAX, if available) within five (5) working days after receipt of the order. The contractor shall await instruction from the PCO regarding orders described in (d) (2) , (ii) and (iii) above. Such instructions shall be issued within five (5) working days, or such additional period as the PCO may require after being advised by the contractor of the circumstances preventing the start of performance. In regard to ( ii and iii) above, the contractor shall notify the PCO and the cognizant ACO and shall stop work until given further instructions or disposition of the item by NAVSUP WSS.

(4) The contractor shall establish and maintain:

(i) As part of CDRL A0001, a summary of costs incurred applicable to all orders placed pursuant to the terms of this contract.

(ii) The summary records required in (1) above shall be furnished in accordance with CDRL A0001 and to the Contracting Officer upon request.

Note to Contractor:

Sixty (60) days after induction of the last unit received against delivery orders issued hereunder, Contractor shall notify the ACO (with a copy to the PCO, Code 0234.39 of the actual quantities inducted for repair.

Note to ACO:

Within thirty (30) days of ACO’s receipt of contractor’s notice of last induction, unless otherwise specified by NAVSUP WSS, ACO shall modify the delivery order, to reduce all excess quantities and funds. Therefore, if at the end of an induction period, all ordered quantities have not been inducted, the funds on the order covering both the estimated cost and fixed fee for the items not inducted will be reduced accordingly.

B04 COST REPORTING

1. Cost Monitoring

A. Limitation of Cost FAR Clause 52.232.20 is incorporated by reference. The notice provisions of Limitation of Cost clause shall apply to the order level.

B. The Contractor shall notify the Contracting Officer and DCMA in writing whenever it has reason to believe that the costs it expects to incur in the next sixty (60) days under any Delivery Order when added to all costs previously incurred, will exceed 75%, of the total estimated cost (as established in the Order for that CLIN, in the Delivery Order Schedule or in the Schedule of the contract). Whenever notice is required, the contractor shall also provide a written estimate of the additional funds required to continue performance and to complete repairs/overhauls, identifying the specific repairs involved.

C. The Fixed Fee will be on an order basis. The Fixed Fee per item listed in Attachment “D”, Estimated Cost, Fixed Fee and RTAT Schedule, will be the amount of fee available after an item is inducted and is payable in accordance with A01 and the terms of this contract.

D. In addition to the requirements of this Section (B04), as well as the requirements of the Limitation of Cost clause, the contractor shall advise the Contracting Officer when an item is considered Beyond Economical Repair (BER) or an “over and above” repair (OAR). The specific requirements and procedures for BER and OAR are set forth in the Statement of Work- Section C.

E. The contractor shall submit a cost report per CDRL A0001 for each order under this contract every six months in the format and with the information required by the CDRL. A template report is included as part of CDRL A0001. The contractor’s submission shall report the costs on an item basis. Included in this cost information for each serial number will be the part number/item, NSN, and Nomenclature. The contractor shall provide direct costs for in-house repair, direct costs for subcontracted repair, burdens to these direct costs, total cost per item and fee for the item. The report will also identify if the item was repaired/overhauled/scrapped, BER, BPR a No Fault Found (NFF). The Contractor is also required to report under this CDRL the Order Number and the amount invoiced to date by month against that Order. The reported direct cost will be from the Contractor’s cost collection/tracking systems and databases. Because of timing differences in cost collections, the cost reported as part of this CDRL represents projected costs at the report dates and may not completely reconcile in total to actual costs incurred. If not already reconciled, at the completion of each Delivery Order, the CDRL will be reconciled with actual costs incurred and the submitted billing vouchers as soon as practicable, but no later than within 30 days after payment of last supplier invoice.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C01 - INPUT OF ARTICLES TO BE REPAIRED AND/OR MODIFIED

(a) Articles to be repaired and/or modified under this agreement, as shown on Attachment "A", will be shipped at the Government's expense to the plant of the contractor at:

___________________________CONTRACTOR FILL IN_________________________________________

The contractor shall receive for each shipment a list (referencing this agreement number) of the articles included in the shipment.

(b) Upon receipt of such articles, the contractor shall:

(i) If the ACO issues the orders, then, promptly notify the ACO of the receipt of the articles;

(ii) Verify that the articles received corresponds with the list of the articles furnished for such shipment;

(iii) Inspect such articles to assure that they are candidates for servicing under this agreement;

(iv) Segregate those which were improperly sent to the contractor and request disposition instructions therefore from the NAVSUP Weapon Systems Support PCO;

(v) Provide adequate storage for articles to be repaired pending issuance of an order by the ACO or PCO hereunder;

(vi) Not proceed with the repair of any articles set forth in Attachment "A" (i.e., inducting any units into "M" condition) until funding authorization is received from the ACO or PCO. Retain such units in "F" condition until funding authorization/disposition instructions are received from the Government (ACO or PCO).

(vii) Advise the Government (ACO and PCO) if any portion of the required repair is a result of the furnishing by the contractor of articles that were defective in material and/or workmanship, or otherwise not in conformance with the requirements of the contract under which such articles were originally furnished; and

(viii) Further advise the Government (ACO or PCO) of the results of the foregoing preliminary inspection, together with a list of the articles and quantities required to be repaired.

C02 - SPECIFICATIONS FOR REPAIR/MODIFICATION -- Statement Of Work (August 2006)

1.0 SCOPE

1.1 General. The items to be furnished hereunder shall be repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this BOA/contract. Government Furnished Property (GFP), including equipment such as fixtures, jigs, dies, patterns, mylars, special tooling, special test equipment, or any other manufacturing aid required for the repair, manufacture, and/or testing of the subject item(s), will not be provided by the Government and shall be the responsibility of the Contractor unless expressly provided for. This limitation regarding the furnishing of GFP applies notwithstanding any reference to the contrary in any drawing, manual, or specification for the BOA/contract items.

1.2 Repair Requirements. The Contractor shall provide the necessary facility, labor, materials, parts, and test and tooling equipment required to return the items (see Attachment A for a list of these items) to a Ready For Issue (RFI) condition. RFI is defined as that condition allowing the items to perform properly and reliably in an operational environment in a manner they were intended to operate. The Contractor shall identify on Attachment “H” the governing repair manual(s)/documents for each item covered by this contract. On the same attachment, the Contractor must identify the facility for each item where repair, including final test and inspection, is completed.

1.2.1 Changes to repair manuals/documents and changes to drawings or specifications for the manufacture of parts utilized in these repairs require Procuring Contracting Officer (PCO) approval in accordance with the Configuration Management provisions of this contract. In addition, as provided for in Section 2.3, requests for changes to a repair source or repair facility shall be submitted in writing to the PCO and must be approved prior to making any such change.

1.2.2 Any repairs performed using unapproved changes to manuals, drawings, specifications, or unapproved changes to a repair source or facility are not permitted and any such changes are done entirely at the Contractor’s own risk.

1.2.3 The Contractor is not entitled to any equitable adjustment to the price or contract terms based on the Government’s disapproval of a requested change to manuals, drawings, specifications, or to a repair source or facility.

1.2.4 Minor cosmetic defects to exterior finishes include, but not limited to scratches, nicks, dents and other defects that do not affect the installation or operation of the items do not require correction except as prevention for corrosion. Minor cosmetic and non-functional defects are acceptable as defined in Government approved Contractor specification. Items shall be returned to a serviceable, not like new condition.

1.4 Beyond Economical Repair (BER)

1.4.1 Scope. An item is BER if the cost of the repair exceeds 75% cost of the contractor’s most recent spares price to the Government. This replacement price is for the purposes of BER determinations only, and may not be used or relied on by the offeror in the pricing of the repairs required by this contract.

Ship in place an accepted item from an existing spares or repair BOA/contract, if any, or MILSTRIP the SRA(s), Authorization to ship in place or MILSTRIP must be provided by the Supply Planner in writing to the Contractor and must be appropriately documented in accordance with Section III.J.2.a of the WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK. The Contractor must provide written notification of any item shipped in place or MILSTRIPed to the PCO and an equitable adjustment may be required. If authorization to ship in place or MILSTRIP is not provided, the Contractor shall contact the PCO for further instructions.

1.5.3 The following additional procedures may apply, if authorized, for the replacement of a MOI SRA within a WRA. The Contractor may request authorization to:

Ship in place an accepted item from an existing spares or repair BOA/contract, if any, or MILSTRIP the SRA(s), Authorization to ship in place or MILSTRIP must be provided by the IM in writing to the Contractor and must be appropriately documented in accordance with Section III.J.2.b of the WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK. If either of these options is not authorized, the Contractor shall contact the PCO for further instructions.

1.6 Swapping SRAs

1.6.1 Scope. On rare occasions the Contractor may request authority to replace a failed but repairable SRA (within an inducted WRA) that is not BPR, BER or MOI.

1.6.2 Procedures. The Contractor may request authorization to replace the failed SRA unit from the Contractor’s production line, by MILSTRIP for an RFI item from Government stock, or with another repairable WRA, i.e. cannibalization. Permission from the PCO must be obtained and an equitable adjustment may be required. Authorization to ship in place from the Contractor’s production line or MILSTRIP must be appropriately documented in accordance with Section III.J.2.c of the WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK. Although permission from the PCO is required if the SRA is obtained from another repairable WRA (cannibalized), that transaction does not have to be input into CAV. In no event, however, shall swapping be the basis of a claim that a unit or assembly is Beyond Economical Repair (BER), Beyond Physical Repair (BPR) or requires Over and Above (OAR), if that unit otherwise would not have been BER,BPR or required OAR.

1.7 Selective Interchange

1.7.1 Scope. The Contractor is hereby authorized to perform Selective Interchange (Checkerboard) of inducted assets at the subcomponent level. Cannibalization of units that have not been inducted is not typically authorized and requires specific additional approval by the PCO. Selective Interchange is defined as the exchange/use of selected serviceable repair parts components from an unserviceable deadlined assembly for use in expediting the repair/overhaul of a like assembly. Selective Interchange or Checkerboarding as deemed appropriate by the Contractor may be undertaken to ensure the replacement/piece part availability necessary to meet the projected/known needs of both repair and overhaul items. These actions may take place across the Delivery Orders provided written approval is obtained from the PCO to do so, but must remain within the umbrella of the basic contract. The Contractor shall maintain traceability for all components or parts exchanged/selectively interchanged. In no event, however, shall a selective interchange be the basis of a claim that a unit or assembly is Beyond Economical Repair (BER), Beyond Physical Repair (BPR) or requires Over and Above (OAR), if that unit otherwise would not have been BER,BPR or required OAR.

1.8 Over and Above Repair (OAR).

1.8.1 Scope. An item sent to the Contractor shall be considered to require Over and Above Repair (OAR) effort if the repair required is highly unusual, not the type of repair that would be anticipated as a result of normal Navy operation of the item and is not included in the contract pricing due to the nature or scope of the repair needed for that particular item. Therefore, repair of OAR items may be subject to equitable adjustment.

1.8.2 Procedures. To the maximum extent possible, OAR shall be identified by the Contractor as part of the price proposal. If this is an undefinitized contract action, the Contractor shall identify OAR with the submission of the proposed ceiling price.

1.8.3 The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to require OAR effort. All such OAR determinations, including the basis for the determination, the repair required, the proposed price to repair and the DCMA written concurrence, shall be provided by the Contractor to the PCO prior to undertaking repair of the item. After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions or contractual authority for repair of the item. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures.

2.0 PARTS AND MATERIAL

2.1 General. The Contractor’s system for procurement of all parts and material used in the performance of this contract must be in accordance with ISO9001:2000. The Contractor is responsible for supplying all parts and material necessary to perform the required repairs under this contract. All parts and material used in performance of this contract shall be in accordance with the latest approved revision of applicable drawings and specifications. The Contractor shall ensure it has access for the duration of this contract to updated drawings and specifications for parts and material required for repairs performed under this contract. Any change to such parts/material drawings or specifications requires Government approval in accordance with the Configuration Management provisions of this contract.

2.2 All parts and material shall be new in accordance with FAR 52.211-5, Material Requirements, which is incorporated by reference herein. Authorization to use other than new material as defined by FAR 52.211-5 requires written approval from the PCO. In addition, cannibalization of piece parts must be approved by the PCO. Cannibalization of units that have not been inducted is not typically authorized and requires specific additional approval by the PCO. Cannibalization or swapping, including any actions authorized under paragraphs 1.4, 1.5, 1.6, 1.7 and 1.8 shall not render an item BER or BPR.

2.3 Written approval from the PCO must be obtained prior to any change to the manufacturing source or manufacturing facility for all parts which require source approval. However, a Contractor who has been delegated authority by the Naval Air Systems Command in writing to approve a change in manufacturing source or a manufacturing facility may implement such a change after notifying the PCO.

2.3.1 Where there has been a change to a manufacturing source, the Contractor shall complete all qualification testing that was required when that item or component was originally qualified. Any changes in such testing shall be submitted to the Contracting Officer for Government review and approval. Any repairs performed using unapproved changes to such drawings, specifications or manufacturing source or facility are done at the Contractor’s own risk. The Contractor is not authorized to deliver any items until such testing (including revised testing as properly approved) has been completed and the delivered items are repaired/manufactured in accordance with the qualification requirements package.

2.3.2 The Contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a requested change to the drawings, specifications or manufacturing source or facility.

2.4 Purchased Material Control and Parts Control. The Contractor shall establish and maintain a system of control over purchased parts and material. Such controls shall, at a minimum, assure that the parts and material purchased are in compliance with the requirements of this contract.

2.5 Receiving Inspection of Purchased Parts and Material. Purchased parts and material shall be inspected by the Contractor upon receipt at the Contractor’s facility to assure conformance with all requirements of the applicable drawings and specifications. Alternatively, the Contractor shall submit, prior to contract award, evidence for Government review and approval of a purchased parts and material system which provides for adequate inspection to assure parts and material conform with all requirements of the applicable drawings and specifications.

2.5.1 Evidence of such inspections shall be maintained by the Contractor or Subcontractor for Government review at least twelve (12) months following the conclusion of the contract. The inspection report shall, at a minimum, include a record of all dimensional data (coordinate/positional), material, finish, and processes with appropriate pass/fail criteria, such as certifications, and actual dimensional readings.

3.0 INSPECTION PROVISIONS

3.1 Government inspection shall be in accordance with FAR 52.246-3, Inspection of Supplies – Cost reimbursement, referenced in Section E, at source by DCMA unless otherwise specified in the contract or as authorized by the Administrative Contracting Officer (ACO) or PCO. Acceptance testing shall be conducted under the surveillance of the DCMA QAR. These tests shall include all tests necessary to assure that the items repaired conform to the performance required to provide Ready For-Issue material. The DCMA retains the authority to require the Contractor to conduct or reconduct any tests deemed necessary to ensure compliance with the manuals, drawings and specifications applicable to this contract.

4.0 CALIBRATION

The contractor shall maintain a calibration system that meets the requirement of ANSI/NCSI.Z540 or ISO-10012-1 or an equivalent calibration system/program acceptance to the Goverenment.

C03 - DFARS 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) (applicable >$3K)

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process)

SPI Process:

Facility:

Military or Federal Specification or Standard:

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.

SECTION D - PACKAGING AND MARKING

D01 - NAVSUPWSSDA01 DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION INCORPORATED BY

REFERENCE (JUN 2011)

(applicable when unit prices are at or above $5K, or if clause 252.211-7007 applies)

DFARS 252.211-7003 (JUN 2011) is hereby incorporated by reference into this contract with the same force and effect as if it were given in full text.

Implementation of the Unique Item Identifier (UID) marking requirement of this clause will be accomplished via contract modification.

Pricing and accounting for costs associated with UID will be consistent with applicable requirements. Requirements for valuation will be passed along to subcontractors.

Costs associated with engineering or drawing updates or similar issues shall not be included or funded in NAVSUP WSS contracts. Contractor implementation of the UID marking requirement under this contract will begin following an OSD approval of the Program Office implementation plan that includes updated technical specifications detailing how the item is to be marked.

At such time, the Contractor may be required to provide a plan outlining how this requirement will be implemented. For planning purposes, development of specific marking requirements will be based on MIL-STD-130M (or later, as in effect on the date of the contract award) criteria. As part of the plan, the contractor may be required to, for example, identify all parts with MIL-STD-130 identification plates, how parts with such plates will be marked and how items without such plates will be marked. Configuration management provisions of this contract apply to UID requirements.

D02 - DFARS 252. 211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (SEP 2011)

This clause is incorporated by reference with the same force and effect as if it were given in full text. The clause is applicable to individual cases and palletized unit loads for the shipment of items in the supply classes and to the locations identified in DFARS 211.275-2.

D03 - NAVSUPWSSDA06 ITEM MARKING REQUIREMENTS (JUN 2006)

This clause is incorporated by reference with the same force and effect as if it were given in full text. Item Marking Requirements and methods for identification of Items of Military Property Produced, Stocked, Stored, and Issued by or for the Department of Defense (DoD) shall be in accordance with MIL-STD-130 REV M.

D04 - PRESERVATION, PACKAGING, PACKING AND MARKING (APR 2013)

The contractor shall preserve, package, pack and mark all items as cited below.

1. PRESERVATION REQUIREMENTS

a. SYSTEM STOCK SHIPMENTS - The contractor shall preserve all items intended to enter the military distribution system (stock)…