Final_P8_Commercial_Common_Solicitation.doc

N00383-REPAIR BOA

N00383-REPAIR RQTS/IDIQ

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

N00383-15-Y-2263

DATE

ISSUE DATE

7.FOR SOLICITATION

INFORMATION CALL:

(No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

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UNRESTRCTED FORMCHECKBOX

SET ASIDE: % FOR

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SMALL BUSINESS FORMCHECKBOX

ENERGING SMALL

BUSINESS

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HUBZONE SMALL

BUSINESS

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SERVICE-DISABLED

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8(A) VERTERAN-OWNED SMALL BUSINESS

SIZE STANDARD: 1,000 EMPL

NAICS:336413

NAVSUP Weapon Systems Support-Philadelphia

ATTN: Carol Steinhouse, Code N732.34

700 Robbins Avenue

Philadelphia, PA 19111-5098

Phone: 215-697- 2121

Email: Carol.Steinhouse@navy.mil

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

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SEE SCHEDULE

12.DISCOUNT TERMS

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13a.THIS CONTACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING DO -

14.METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

TELEPHONE NO.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b.SUMMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED. FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE ATTACHED SCHEDULE

(Use Reverse and/or Attach Additional Sheet as Necessary)

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27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

TABLE OF CONTENTS

PART I THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM TABLE OF CONTENTS/TYPE OF CONTRACT

A01 TYPE OF CONTRACT

( X ) REPAIR REQUIREMENTS

DFARS 252.216-7006 ORDERING

FAR 52.216-19 ORDER LIMITATIONS

FAR 52.216-21 REQUIREMENTS

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 SERVICES, MATERIALS AND PARTS TO BE FURNISHED – BASE YEAR 1 and OPTION YEAR 1 AND 2

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

(SEE ATTACHMENT "B")

B03 PLACING AND PROCESSING ORDERS

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 RESERVED

D02 DFARS 252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION

D03 NAVSUPWSSDA06 ITEM MARKING REQUIREMENTS

D04 NAVSUPWSSDA07 PRESERVATION, PACKING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E01 FAR 52.246-2 (IBR) INSPECTION OF SUPPLIES-FIXED PRICE

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)

SECTION F - DELIVERIES OR PERFORMANCE

F01 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

F02 PLACE OF DELIVERY

F03 TIME OF DELIVERY

F04 NAVSUPWSSFA06 FMS DELIVERY AND SHIPPING INSTRUCTIONS

F05 NAVSUPWSSFA16 REDISTRIBUTION ORDER/READY FOR ISSUE - NAVY TRANSPORTATION - CAV

DIRECT SHIP

SECTION G - CONTRACT ADMINISTRATION

G01 CONTRACT ADMINISTRATION

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H01 NAVSUPWSSHA21 NOTICE OF ASSIGNMENT

H02 NAVSUPWSSHA16 OPTION TO EXTEND EFFECTIVE PERIOD OF CONTRACT

H03 AVSUPWSSHA18 CONTRACT SECURITY CLASSIFICATION SPECIFICATION

PART II CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I01 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

I02 - WARRANTY FOR OVERHAUL AND REPAIR

I03 - FAR 52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

I04 - RESERVED

I05 - RESERVED

I06 - FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATIONS

I07 - FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

I08 - RESERVED

I09 - DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT

I10 - DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DoD OFFICIALS I11 - DFARS 252.219-7003D Small Business Subcontracting Plan (DoD Contracts) (DEV)

I12 - DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS

I13 - DPAP 252.225-7993

PROHIBITION ON CONTRACTING WITH THE ENEMY (DEVIATION)

I14 - RESERVED

I15 - RESERVED

I16 - NAVSUP 5252.227-9400 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

I17 - NAVSUPWSSIA18 CONFIGURATION MANAGEMENT

PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

A - ITEMS TO BE REPAIRED AND/OR MODIFIED

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

C - PACKAGING INSTRUCTIONS

D - BUY AMERICAN ACT/FREE TRADE APPLICABILITY

E - REPAIR MANUALS AND FACILITIES

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 52.212-3 ANNUAL REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K03 –FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

K04 - FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

K05 – PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS – REPRESENTATION (DEVIATION 2015-0010)

K06 – RESERVED

K07 - RESERVED

K08 - DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT

K09 - DPAP 252.209-7994 REPRESENTATIONS BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEV)

K10 - RESERVED

K11 - DFARS 252.217-7026 IDENTIFICATION OF SOURCES OF SUPPLY

K12 - DFARS 252.225-7000 BUY AMERICAN STATUTE‑BALANCE OF PAYMENTS PROGRAM CERTIFICATE

K13 - DFARS 252.225-7010 COMMERCIAL DERIVATIVE MILITARY ARTICLE-SPECIALTY METALS

COMPLIANCE CERTIFICATE

K14 - DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE

K15 - DFARS 252.225-7035 BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS

K16 - DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

K17 - RESERVED

K18 - NAVSUPWSSKA03 AUTHORIZED NEGOTIATORS

K19 - NAVSUPWSSKA04 PRICING INFORMATION

K20 - NAVSUPWSSKA06 TRANSPORTATION AND MATERIAL SOURCE INFORMATION

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L01 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

L02 - RESERVED

L03 - RESERVED

L04- FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA

L05 - FAR 52.216-1 TYPE OF CONTRACT

L06 - FAR 52.233-2 SERVICE OF PROTEST

L07 - RESERVED

L08 - RESERVED

L09 - RESERVED

L10 - NAVSUP 5252.243-9400 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

L11 - NAVSUPWSSLA12 ACCEPTANCE PERIOD

L12 - NAVSUPWSSLA14 REQUESTS FOR INFORMATION

L13 - NAVSUPWSSLA15 TRANSMITTAL OF OFFERS

L14 - NAVSUPWSSLA18 REVIEW OF AGENCY PROTESTS

L15 - NAVSUPWSSLA19 CONSIGNMENT INSTRUCTIONS

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.acquisition.gov/far/index.html 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 CONTRACT

1. This solicitation will ultimately result in award of a One Base year and Two successive twelve month Option Period REQUIREMENTS contract. For information explaining how this type of contract works, see the following pages.

2. Prices will be for Repair/Modification of the items specified in Section B01 hereto, for a period of one year from the date of award and two successive twelve month Option Period(s). The quantities shown are the Government's best estimates and are neither minimum nor maximum quantities. All orders placed for repair during this time period shall be issued as priced orders. Therefore, offerors should insert firm-fixed prices for each year included in the Base and Option Periods.

3. All parts necessary to effect repairs shall be furnished by the contractor and shall be considered to have been included in the price of repairs.

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 date of execution of this contract through the last date of the option period if exercised. The induction period for each delivery order shall be one year from date of delivery order 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.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) MINIMUM ORDER: When the Government requires supplies or services covered by this contract in an amount that is less than any minimum item quantity specified in Attachment “A,” the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) MAXIMUM ORDER: The contractor is not obligated to honor: (See Attachment “A” for quantities.)

(1) Any order for a single item in excess of the maximum quantity for the item.

(2) Any order for a combination of items in excess of the maximum for the order items.

(3) A series of orders from the same ordering office with 30 days that together call for quantities exceeding

The limitation in subparagraphs (1) and (2) above.

(c) If this is a Requirements Contract (i.e., includes FAR 52.216-21 Requirements), the Government is not required to order a part of any one requirement from the contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order(s) is returned to the ordering office with 15 days after issuance, with the written notice stating the contractor’s intent not to ship the item(s) called for and the reason(s). Upon receiving this notice, the Government may acqure the supplies or services from another source.

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: The contractor shall furnish effort including labor, material, and facilities as may be required to repair and/or modify the ordered quantities of spare repairables assemblies in the delivery order. The spare repairable assemblies to be repaired and/or modified 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 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

(a) Ordering Period: The Government may during the period commencing on the date of execution of this contract and ending 12 months from the date thereof, place orders for articles to be serviced hereunder. Twelve (12) months after date of contract, the PCO shall determine whether or not the contract is to be extended for an additional Twelve (12) month option period; execution of the option shall be accomplished via SF-30 Contract Modification (and shall only be granted unilaterally by the PCO). Should the Option be exercised, the PCO shall determine at the end of the First 12-Month Option Period, whether or not the contract is to be extended for the Second 12-Month Option Period. Each order placed shall be issued and processed in the manner hereafter provided.

(b) Authorized Ordering Activity

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

(2) The Administrative Contracting Officer (ACO) may 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;

(ii) Citation of the negotiation authority pursuant to which the order is negotiated;

(iii) Description of services to be performed and identification of specific articles to be

Serviced including part number and stock number, serial number if available, and quantities thereof;

(iv) Where appropriate, special instructions regarding shipping, place of inspection and delivery, and DoD priority designation;

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

(vi) 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) Where the contractor is not authorized to proceed, the contractor shall so advise the PCO within five (5) working days after receipt of the order. The contractor shall await instruction from the PCO regarding orders described in (ii), (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. With respect to (i) above, the contractor shall advise the PCO of the specific representation or certification that cannot be made as to an order and reason(s) therefore. In regard to (iv) 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.

(3) The contractor shall establish and maintain:

(i) A summary of all costs incurred applicable to all orders placed pursuant to the terms of this contract.

(ii) The summary records required in (i) above shall be furnished 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 N732.39 ) 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.

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: (OFFEROR 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 .This limitation regarding the furnishing of GFP applies notwithstanding any reference to the contrary in any drawing, manual, or specification for the 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 E 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.

1.3 Beyond Physical Repair (BPR)

1.3.1 Scope. An item is BPR when the item is not capable of being repaired in accordance with the Statement of Work due to the extent of physical damage.

1.3.2 Procedures. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to be BPR. All such determinations, including the basis for the determination and the DCMA written concurrence shall be provided by the Contractor to the PCO, with a copy to the Inventory Manager (IM). After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures.

1.4 Beyond Economical Repair (BER)

1.4.1 Scope. An item is BER if the cost of the repair exceeds 85% of the replacement price identified on Attachment A. This replacement price is for the purposes of BER determinations only, and may not be used or relied on by the of01fferor in the pricing of the repairs required by this contract.

1.4.2 Procedures. Items determined BER will be separately priced if the repair is authorized by the PCO. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to be BER. All such 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, with a copy to the IM. After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions or contractual authority for repair of the item. The Contractor is not authorized to proceed with the repair until notification is received from the PCO. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures.

1.5 Missing on Induction (MOI).

1.5.1 Scope. A WRA is subject to this MOI provision if the item received by the Contractor for repair is missing one or more SRAs and the SRA is not a separately inducted item. Contractor replacement of MOI SRAs is not included in the contract price. Items received by the Contractor missing consumable parts are not MOI items. Rather, repair of such items and replacement of the missing consumable parts are included in the contract price and the item shall be inducted and repaired by the Contractor under this contract.

1.5.2 Procedures. The Contractor shall immediately notify DCMA when an item is received with MOI SRA(s) and shall obtain written verification from DCMA for all WRAs determined to have MOI SRA(s). The Contractor shall provide written notice of all such determinations, including identification of the missing SRA(s), and the DCMA written verification, to the IM with a copy to the PCO and ACO prior to induction and/or repair of the WRA. The Contractor shall not proceed with repair of WRAs with MOI SRAs until instructions on how to proceed are provided to the Contractor.

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 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.I.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 tche 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.I.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.

1.7 Over and Above Repair (OAR).

1.7.1 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.

1.7.2 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.

1.7.3 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 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 and 1.6, 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. Government inspection shall be in accordance with FAR 52.246-2, Inspection of Supplies - Fixed-Price 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.

C03 - DFARS 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS

(NOV 2005)

(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

RESERVED

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 – NAVSUPWSSDA07

PRESERVATION, PACKAGING, PACKING AND MARKING (July 2014)

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) in accordance with the MIL-STD-2073-1E, “Standard Practice for Military Packaging”, Packaging Requirements Code specified in the Schedule. When a Specialized Preservation Code/Method of Preservation (MOP) (Table J-Ia) is specified, and one or more of the following packaging fields (WM, CUD, CT, UC) value is a 00 (numeric), the Specialized Preservation/MOP procedure and materials takes precedence. Disregard “HM” and “LP” fields and replace “SPMK 99” with “00” (numeric). Contractor can access https://tarp.navsisa.navy.mil for code interpretation.

1) Contractor shall use material produced by a Qualified Products List (QPL) manufacturer if the required packaging material has a QPL. Barrier materials that have QPLs are MIL-PRF-131, Classes 1 and 3, MIL-PRF-81705D, Type 1 and MIL-PRF-22191. These items can be identified by the following packaging field values: PM = “31”, “32”, “33”, “41”, “42”, “43”, “44”, “45”, “51”, “52”, “53”, “54”, “55”, “AW”, “BD”, “DW”, “GX”; or UC = “B2”, “B3”, “B9”, “BL”, “BS” or “SD”. Sources for QPL material can be obtained by contacting 215-697-5842.

b. IMMEDIATE USE/INSTALLATION AND PART NUMBER BUY SHIPMENTS – Government PCO or ACO approval to use the packaging standards outlined in this paragraph is required, and is only permitted for all items determined to be for immediate use (e.g. CASREP, AOG, or Repair line stoppage) and part number buy shipments. Any national stock numbered (NSN) item required for immediate use or direct installation, or part number item (authority granted to ship without NSN) shall be preserved and packed in accordance with ASTM D 3951-10, “Standard Practice for Commercial Packaging”, for all shipments to a Continental United States (CONUS) government activity or contractor-owned facility. Marking shall be in accordance with MIL-STD-129R, “Military Marking for Shipment and Storage”. All buys destined for overseas shipment (OCONUS) shall be preserved in accordance with MIL-STD-2073-1E.

2. PACKING REQUIREMENTS – The contractor shall pack as follows. Exterior shipping containers for Packing Levels A and B are detailed in MIL-STD-2073-1E, Appendix C, Table C.II. Reusable containers, fast pack containers or wood containers are shipping containers and do not require overpacking for shipment.

Domestic Shipments (CONUS):

Level B

Overseas Shipments (OCONUS) (including Navy ships at sea):

Via air, FPO, APO

Via freight forwarder

Via surface Level A

3. MARKING REQUIREMENTS - All unit, intermediate and shipping containers shall be marked in accordance with MIL-STD-129R. In addition, the following specific requirements apply:

a. ADDITIONAL MARKING FOR SPARES ONLY – Each MIL-STD-129R label shall also include the following:

1) Supplementary Procurement Instrument Identification Number (SPIIN) – the 4-digit order number that follows the basic BOA or long-term contract number (e.g. 0001, A001, 5001, 7001, etc.),

2) Contract Line Item Number (CLIN) – the 4-digit individual line item number (e.g. 0001, 0002, etc.), and

3) SubCLIN – the 6-digit sub line item number (e.g. 0001AA, 0001AB, 0002AA, 0002AB, etc.).

b. 2D BAR CODE MILITARY SHIPPING LABEL (MSL) – 2D bar code requirements in accordance with MIL-STD-129R, Paragraph 5.2.2.6

c. RADIO FREQUENCY IDENTIFICATION (RFID) LABEL – RFID requirements in accordance with clause DFARS 252.211-7006 “Passive Radio Frequency Identification.”

d. DEPOT LEVEL REPAIRABLE (DLR) LABELS

1) Items identified with a Cognizance Code of either “7” or an even number preceding the NSN (e.g. 7RH 5826-01-428-9999) are defined as Depot Level Repairable (DLR) items. DLR items require that a DLR label be placed on the outside of the unit, the intermediate and the shipping container for accountability and control purposes. The outside of each unit, intermediate and shipping container shall be affixed with the applicable label as close to the bar code label as possible.

EXCEPTION: When a DLR item requires use of both a reusable inner unit container and a reusable outer shipping and storage container (excluding wood and fiberboard), only the inner unit container shall be affixed with a DLR label. In these cases only, DLR labels shall NOT be placed on the outer reusable container.

2) Labels are available via the Naval Forms Online website: http://navalforms.daps.dla.mil. The website will advise the procedures for ordering and establishing an account. When searching for the DLR label, the following procedure should be followed:

a) Click on “Forms” tab

b) Click on “Keyword Search”

c) Under "Search Criteria" type in “DLR”

d) Under “Type” click on picture of box (Warehouse Form Link)

e) Follow the applicable instructions (New Account, Current Account or Continue

Shopping)

NSN

PER UNIT PACKAGE

2 in. x 3 in.

Container

NAVSUP 1397-1

3 in. x 5 in.

Container

NAVSUP 1397

Labels may also be obtained by faxing a copy of the contract page containing the DLR label requirement to 215-697-2424.

e. SPECIAL MATERIAL IDENTIFICATION CODE (SMIC) FOR NAVSUP WSS MECHANICSBURG MARITIME REQUIREMENTS ONLY

1) Certain Program-related items are identified by a two-position SMIC, which appears as a suffix to the NSN (e.g. 1H4730-00-900-1317 L1), and require special markings. Containers shall be marked with letters, maximum two inches high on two (2) sides and two (2) ends as follows:

LEVEL 1

CLEAN O2-N2

O2-N2

* denotes Oxygen Clean requirements in accordance with MIL-STD-1330 “Precision Cleaning and Testing of

Shipboard Oxygen, Helium, Helium-Oxygen, Nitrogen, and Hydrogen Systems.”

4. PALLETIZATION. Palletization of shipments shall be accomplished in accordance with MIL-STD-147E “DoD Standard Practice: Palletized Unit Loads.”

5. WOOD PACKAGING MATERIAL (WPM)

In accordance with the latest version of DoD Manual 4140.65-M "Compliance for Defense Packaging: Phytosanitary Requirements for Wood Packaging Material (WPM)," assets packed in or on wood pallets, skids, load boards, pallet collars, wood boxes, reels, dunnage, crates, frames, and cleats must comply with the Heat Treatment (HT) or Heat Treatment/Kiln Dried (HT/KD) (continuous at 56 degrees Centigrade for 30 minutes) standard. The WPM must be stamped or branded with the appropriate certification markings as detailed in DoD 4140.65-M and be certified by an accredited American Lumber Standards Committee (ALSC)-recognized agency. The WPM certification markings must be easily visible, especially in pallet loads, to inspectors.

6. NAVY SHELF LIFE PROGRAM

Navy shelf-life requirements are listed under the item description in a 3-digit alpha/numeric code. Position one (1) is the DOD shelf-life code, defining the type of shelf-life for an item (Type I, non-extendible or Type II, extendible), and the number of months an item can remain ready for issue in a Navy specified package. Positions two (2) and three (3) combined form the Navy-unique shelf-life action codes used by storage activities, and do not impose any requirements on the contractor. The contractor shall use the applicable shelf-life paragraphs and table in MIL-STD-129R to apply either Type I or Type II shelf-life markings for an item's unit, intermediate and shipping containers. Contractors will ensure that at least eighty-five percent (85%) of the Navy shelf-life requirement is remaining when received by the first government activity.

7. REUSABLE NSN CONTAINERS

An item that has an NSN assigned in the “Container NSN” field (e.g . 8145012622982) requires shipment in a metal or plastic reusable shipping and storage container.

a. REUSABLE CONTAINERS FOR NAVSUP WEAPON SYSTEMS SUPPORT, MECHANICSBURG SITE, MARITIME REQUIREMENTS

Reusable NSN containers for maritime material (designated by a Cognizance Code of “7E”, “7G” and “7H”) shall be provided as contractor-furnished material (CFM). Source lists of possible container manufacturers may be obtained by contacting 215-697-5842.

b. REUSABLE CONTAINERS FOR NAVSUP WEAPON SYSTEMS SUPPORT, PHILADELPHIA SITE, AVIATION REQUIREMENTS

Reusable NSN containers (excluding wood and fiberboard) for aviation material (designated by a Cognizance Code of “7R”,“6K” or “0R”) shall be provided as government-furnished material (GFM). Fast pack containers illl not be provided as GFM. To obtain GFM reusable containers, the contractor must first obtain a Container Request Form either from https://tarp.navsisa.navy.mil/containerrequest or by contacting 215-697-5842, then fax the completed form to 215-697-1405/3850 at least 90 days prior to the anticipated shipping date (monthly for repair contracts). If the Navy’s Container Management Area (CMA) informs the contractor that containers are unavailable, the following alternate packaging requirements apply. The unavailability of reusable containers shall not be an excusable delivery delay. Unit packs shall be designed to conserve weight and cube while retaining the protection required and enhancing standardization.

ALTERNATE PACKAGING REQUIREMENTS FOR

ITEMS ASSIGNED THE FOLLOWING CONTAINERS

Container

NIIN

Container

Part Number(80132) Alternate Packaging Code

IAW MIL-STD-2073-1E

(QUP = 001)

(ICQ = 000)

(QUP = 001)

(ICQ = 000)

(QUP = 001)

(ICQ = 000)

All excess empty reusable shipping and storage containers shall be turned-in to the nearest Container Reuse and Refurbishment Center (CRRC). CRRC locations/points of contact can be found at https://tarp.navsisa.navy.mil/crrc or by contacting 215-697-2063.

8. REUSABLE NSN CONTAINERS FOR FOREIGN MILITARY SALES (FMS), JPO OR OTHER FOREIGN FORCES ACQUISITION

a. Reusable shipping and storage containers shall be provided as CONTRACTOR-FURNISHED MATERIAL (CFM), unless otherwise specified.

b. Contractors may tender offers including alternate, non-reusable, packaging methods and be considered responsive.

9. MATERIAL SAFETY DATA SHEETS

As required by clauses FAR 52.223-3 “Hazardous Material Identification and Material Safety Data” and DFARS 252.223-7001 “Hazard Warning Labels” the offeror is required to list any hazardous material to be delivered under the resultant contract by the submission of Material Safety Data Sheets (MSDSs) to the NAVSUP WSS or DLA Contracting Officer prior to award. A copy must also be provided to NAVSUP WSS, Code 0772, P.O. Box 2020, 5450 Carlisle Pike, Mechanicsburg, PA 17055-0788 or via FAX number 717-605-3480.

SECTION E - INSPECTION AND ACCEPTANCE

E01 - FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

The clause of the Federal Acquisition regulation set forth at FAR 52.246-2 is hereby incorporated by reference with the same force and effect as if set forth in full.

X 1. Inspection/Final Acceptance of supplies shall be performed at the contractor repair location by the Contract Administration Office (CAO) also shown on Page One unless otherwise specified.

NOTE FOR CONTRACTOR/ADMINISTRATIVE CONTRACTING OFFICER

When a DCMA office is shown in Block 16 of the SF 1449, the Administrative Contracting Officer (ACO) is the primary point of contact and all inquires shall initially be directed to this office for necessary action.

Inquiries and correspondence directed to the PCO should be addressed as follows:

E-Mail:

Carol.Steinhouse@Navy.mil Phone:

(215) 697-2121

Telephone inquiries should be made only in cases of extreme urgency and must be confirmed in writing within 48 hours. If the inquiry involves technical questions (drawings, specifications, etc.) inquiry should be submitted in accordance with the…