N0038321Q006D.pdf

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FMS REQUIREMENT Federal contract opportunity
Solicitation number
N0038321PR0R029
Issued by
Department of the Navy Naval Supply Systems Command

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CHECKED

BOX CONFIRMING ORDER-DO NOT DUPLICATE

APPLIES ORDER FOR SUPPLIES OR SERVICES

REQUEST FOR QUOTATION NO.

RETURN COPY(IES) OF THIS QUOTE BY

(THIS IS NOT AN ORDER SEE DD FORM 1155R)

PAGE 1 OF

5.CERTIFIED FOR NATIONAL

DEFENSE UNDER 15 CFR 700

DO 1.CONTRACT/PURCHASE ORDER NO. 2. DELIVERY ORDER NO. 3.DATE OF ORDER 4.REQUISITION PURCH REQUEST NO

N00383-21-Q-006D

6.ISSUED BY CODE N00383 7.ADMINISTERED BY(IF OTHER THAN 6) CODE TBD 8.DELIVERY

NAVSUP Weapon Systems Support 700 Robbins Avenue Philadelphia PA 19111 Buyer: Code:N721.04 Phone:215-697-6490 E-mail: ELIS.ROMERO@NAVY.MIL

Cognizant DCMA FOB

DEST

OTHER(See

Schedule If Other)

ORIGIN

9.CONTRACTOR/QUOTE CODE TBD FACILITY CODE 10.DELIVERY TO FOB POINT

ON OR BEFORE:

11.CHECK IF

BUSINESS IS

SMALL

SMALL/

DISADV.

WOMAN OWNED

NAME

AND

ADDRES

S

TBD

TO BE NEGOTIATED

12.DISCOUNT TERMS

NET 30

13.MAIL INVOICES TO

(SEE BLOCK 15)

14.SHIP TO CODE 15.PAYMENT WILL BE MADE BY HQ0339

MARK ALL

PACKAGES AND

PAPERS WITH

CONTRACT AND

ORDER NUMBER

See Page 2

Cognizant DFAS

16.TYPE OF ORDER This delivery order is subject to instructions contained on this side of form only and is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract. NEGOTIATION EXCEPTION 10 U.S.C. 230- ) DELIVERY

PURCHASE Reference your furnish the following on terms specified herein, including, for U.S. purchases, General Provision or Purchase Order on DD Form 1155r(EXCEPT CLAUSE NO. 12 APPLIES ONLY IF THIS BOX IS CHECKED, AND NO 14 IF THIS BOX IS CHECKED): special provisions : and delivery as indicated. This purchase is authority of 10 U.S.C.(a)(3) or as specified in the schedule if within the U.S., its possessions or Puerto Rico, if otherwise under 2304(a)(6).

If checked, Additional General Provisions apply, Supplier shall sign “Acceptance” on DD Form 1155r and return copies.

17. ACCOUNTING AND APPROPRIATION DATA-ACCOUNTING CLASSIFICATION (REV.7-65) TAC

ITEM APPROPRIATION

SYMBOL AND

SUBHEAD

OBJECT

CLASS

BUREAU

CONT NO.

SUB

ALLOT

AUTH’N

ACC’TG ACT’Y

TRANS

TYPE

PROPERTY

ACT’G ACT’Y

COUNTRY COST CODE AMOUNT

AA

18.ITEM NO 19.SCHEDULE OF SUPPLIES/SERVICES

(SEE ATTACHED SCHEDULE)

20.QUANTITY

ORDERED/

ACCEPTED

21.

UNIT

22.

UNIT PRICE

23.

AMOUNT

SURVEILLANCE

CRITICALITY

DESIGNATOR

A B C X

GOVERNMENT INSPECTION AND ACCEPTANCE SHALL BE AT: FOB DoD ADMINISTRATIVE USE ONLY Contractor’s Plant

Contractor’s or subcontractor’s Plant or associated packaging facility By: Cognizant DCMA

PRIORITY 03

TRANSPORTATION PRIORITY 08

If quantity accepted by the Government is same as quantity ordered, indicate by check mark.

If different, enter actual quantity accepted below quantity ordered and encircle.

24.UNITED STATES OF AMERICA 25.TOTAL

BY: 29.DIFFERE

NCES

CONTRACTING/ORDERING OFFICER

26.QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED AND CONFORMS

TO THE CONTRACT EXCEPT

AS NOTED

27.SHIP.NO 28.D.O.VOUCHER NO. 30.

INITIALS

PARTIAL

FINAL

32.PAID BY 33.AMT VERIFIED CORRECT FOR

DATE SIGNATURE OF AUTHORIZED GOVERNMENT REP 31.PAYMENT 34.CHECK NUMBER

36.I CERTIFY THE ACCOUNT IS CORRECT AND PROPER FOR PAYMENT COMPLETE

PARTIAL

FINAL

35.BILL OF LADING NO.

DATE SIGNATURE AND TITLE OF CERTIFYING OFFICER

37.RECEIVED AT 38.RECEIVED BY (Print) 38.DATE

RECEIVED

(YY/MM/DD)

40.TOTAL CONTAINERS 41.S/R ACCOUNT NO.

42.S/R VOUCHER NUMBER

STANDARD FORM 36, JULY 1966

GENERAL SERVICES ADMINISTRATION

FED. PROC. REG (4)1 CFR) 1-16.101)

CONTINUATION SHEET

REF. NO. OF DOC. BEING

CONT’D

PAGE OF

2 55 Solicitation # N00383-21-Q-006D

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE AMOUNT

0001AA

IN ACCORDANCE WITH SECTION B, PERFORM EVALUATION AND

REPAIR SERVICES AS REQUIRED

NSN: 7R-2925-012213247

PART NUMBER: 3605812-18

NOMENCLATURE: STARTER ENGINE

PKSUE402710049 SERIAL NUMBER P-2415

SHIP TO: PKS003

MARK FOR: PKSU00

SUPADD: PA3MHJ

FMS CASE: KS-P-MHJ

Articles that have been serviced shall be shipped via a Collect Commercial Bill of Lading to the Freight Forwarder listed on the item page. No transportation charges should be incurred against this order. Based on the criticality of the item, NAVSUP Weapon Systems Support may authorize alternate or priority air shipment for completed repairs. This authorization must be made in writing. No verbal instructions will be honored.

Please note: We are only providing you with the MAPAC SHIP TO and MARK FOR codes and not the full addresses. Prior to the shipment of the material, please consult the MAPAC website to obtain the complete SHIP TO and MARK FOR addresses.

Please click on the MAPAC link on the left hand side of the page and enter the appropriate MAPAC code.

https://www.transactionservices.dla.mil/daasinq/captcha_form.asp

EACH

SECTION D- PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS

Preservation, packaging, packing and marking instructions shall be in accordance with selections indicated with an “X” in the numbered blocks.

DOCUMENT REF. NO. PAGE

of

CLAUS

E

O400

SEC.

NO.

REQUISITION, CONTRACT OR ORDER NUMBER

PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS

General – all specifications applicable to these requirements shall be of the issue in effect on the date of the invitation for bid or original negotiation. Packaging terms, levels of protection, etc. used in this exhibit are defined in MIL-STD-2073-1.

Preservation and packaging shall be accomplished in accordance with the requirements of MIL-P-116. The specific packaging procedures, and level of Protection for each item are delineated in the coded format of MIL-STD-2073 and cited below, along with additional data elements as defined in MIL-STD-2073-1.

ITEM NUMBER(S) PRESER-

VATION

METHOD

CLEAN

DRY

PRESER

V-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAG

E

MATL

CUBIC

THICK-

NESS

UNIT

CON-

TAINER

LEVE

L OF

PROT

INTERIM

CON-

TAINER

UNIT

CNTR

LVL

SPEC

MKG

PACKING

CODE

HAZMAT QTY PER

UNIT PACK

INT CTNR

QTY

UNIT

PACK WT

UNIT

PACK CU

SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

CONT MGR

PHONE SUPPLEMENTAL INSTRUCTIONS

ITEM NUMBER(S) PRESER-

VATION

METHOD

CLEAN

DRY

PRESER

V-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAG

E

MATL

CUBIC

THICK-

NESS

UNIT

CON-

TAINER

LEVE

L OF

PROT

INTERIM

CON-

TAINER

UNIT

CNTR

LVL

SPEC

MKG

INT CTNR

QTY

UNIT

PACK WT

UNIT

VATION

METHOD

CLEAN

DRY

PRESER

V-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAG

E

MATL

CUBIC

THICK-

NESS

UNIT

CON-

TAINER

LEVE

L OF

PROT

INTERIM

CON-

TAINER

UNIT

CNTR

LVL

SPEC

MKG

INT CTNR

QTY

UNIT

PACK WT

UNIT

VATION

METHOD

CLEAN

DRY

PRESER

V-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAG

E

MATL

CUBIC

THICK-

NESS

UNIT

CON-

TAINER

LEVE

L OF

PROT

INTERIM

CON-

TAINER

UNIT

CNTR

LVL

SPEC

MKG

INT CTNR

QTY

UNIT

PACK WT

UNIT

Markings of all containers for item(s)

Shall include “Type I Shelf Life item”, date of cure, and an “Expiration Date of years after date of cure shelf life markings shall consist of the quarter of the year (ie. Jan thru March 192=1Q92) in accordance with MIL-STD-129.

Markings of all containers for items(s)

Shall include “Type I Shelf Life item” date of manufacture/assembly, and an inspection/test date of years after date of manufacture/assembly. Shelf life marking shall consist of the quarter of the year (ie. Jan thru March 192=1Q92) in accordance with MIL-

STD-129. Refer to Section 5.D for additional requirements.

PART I – THE SCHEDULE

SECTION B

SUPPLIES/SERVICES AND PRICES

Repair and/or Modification: The contractor shall furnish all effort including labor, material, and facilities as may be required to repair and/or modify the ordered quantities of repairable assemblies as listed on page 2. The repairable assemblies to be repaired and/or modified under this purchase order are set forth by manufacturer's part number or National Stock Number (NSN) on page 2 and constitute “Government Property” as defined in FAR Clause 52.245-1

Types of Orders - The following types of orders may be placed under the terms of this purchase order:

(1) Priced Orders – a priced order is one in which all terms and conditions have been agreed upon, including price and delivery, prior to issuance of the order

(2) Monetary Limitation Orders under $250,000.00 - Orders under $250,000.00. This type of order includes a monetary limitation (under $250,000.00) which is subject to adjustment when the fixed price is established. The monetary limitation may be on a line item or total basis.

The Government is not obligated to pay over the monetary limitation unless the limitation is revised by written modification to the order prior to definitization.

Procedures and Processing of Monetary Limitation Orders under $250,000.00

(1) The Contracting Officer may unilaterally issue a monetary limitation order.

(2) The contractor will immediately start work on the order or notify the Contracting Officer in writing within seven (7) days if the monetary limitation is so unreasonably deficient as to preclude commencement of the repair work to be performed. At this time, or a time mutually agreeable to the parties, the contractor will also provide an estimate of what a reasonable price would be.

(3) The contractor shall submit a quote sufficient for negotiation, including proposed price and delivery, within thirty (30) days of the issuance of the order, or within such additional time as may be authorized in writing by the Contracting Officer.

(4) Prior to the definitization of the prices for orders issued under these procedures, the contractor shall be permitted to stop work on such order at any time if it is reasonably estimated that the costs incurred with respect to such order, plus termination expense and profit, will exceed the monetary limitation set forth in the order. In the event the contractor stops work on any order, the contractor shall promptly notify the Contracting Officer in writing of the work stoppage and of the amount of increase in monetary limitation that is reasonably required in order to permit the contractor to complete the order. Performance of the order shall continue upon issuance of a modification by the Contracting Officer that increases the monetary limitation. The Government shall not be obligated under any of the provisions of this order/contract to pay the contractor any amount in excess of the monetary limitation stated in the order; this includes but is not limited to the provisions regarding the definitizing of prices in the event of a dispute, or the provisions of the clause of this agreement entitled "Termination for Convenience of the Government."

(5) Definitization of the order will occur prior to completion of 49% of the work performed or within 90 days of the issuance of the order, whichever occurs first, or within such additional time that is granted by the Contracting Officer.

DFARS 252.217-7027 CONTRACT DEFINITIZATION (DEC 2012)

(a) A firm fixed price contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the undefinitized contract action, (2) all clauses required by law on the date of execution of the definitive contract action, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a firm fixed price proposal and cost or pricing data supporting its proposal.

(b) The schedule for definitizing this contract action is set forth in the individual orders. However, in any event, definitization will be within the earlier of:

(1) 180 days after issuance of the order (although this date may be extended in writing at the discretion of the PCO, but may not exceed the date that is 180 days after the contractor submits a qualifying proposal); or (2) the date on which the amount of funds obligated under the contract action is equal to more than 50 percent of the not-to exceed price.

(c) If agreement on a definitive contract action to supersede this undefinitized contract action is not reached by the target date in paragraph (b) of this clause, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this undefinitized contract action for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this clause, all clauses, terms, and conditions included in this undefinitized contract action shall continue in effect, except those that by their nature apply only to an undefinitized contract action.

(d) The definitive contract resulting from this undefinitized contract action will include a negotiated firm fixed price in no event to exceed the not-to-exceed amount stated in the order.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. The items to be furnished hereunder shall be repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this order. The Contractor shall provide the necessary facility, labor, materials, parts, and test and tooling equipment required to return the items listed on page 2 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.

2. Requirements:

ITEM REPLACEMENT COST

01 $ 7,122.00

* 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. The replacement cost cited above is the latest replacement cost in NAVSUP WSS files. This figure shall be used for the purposes of this clause unless the contractor notifies the contracting officer in writing and both parties agree in writing to an updated replacement cost based on production run quantities of a new article in a configuration similar to the configuration of the article to be serviced.

2.1 An item is Beyond Economical Repair (BER) if the repair price exceeds 75% of the replacement price identified above. 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. The replacement cost cited above is the latest replacement cost in NAVSUP WSS files. All BER assets, including all piece parts/components/subassemblies within those BER assets, are Government Property within the definition of FAR 52.245-1 Government Property.

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 NAVSUP WSS Supply Planner. After receipt of the required documentation, the PCO shall make a final determination that an item may be considered BER and provide the Contractor disposition instructions or contractual authority for repair of the item. All BER unit prices shall be established prior to PCO Authorization to Proceed. 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. In no event shall the final BER unit price exceed the negotiated repair unit price.

2.2 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 and appropriate concurrence/approval discussed below is received. When any item is inducted, the Contractor shall review whether the item is considered by the Contractor to be an obvious BPR item, i.e., one where it is immediately clear or clear after Teardown and Evaluation (T&E) that the extent of physical damage the item has sustained makes it unrepairable, which includes visible conditions such as crushed or burned items. BPR may include items that are not visibly damaged, including items where multiple repair loops cannot restore the item to RFI condition or internal trace damage is present. Assets which have material which is obsolete and no longer available shall be deemed BPR. All BPR items, including all piece parts/components/subassemblies within those BPR items, are Government Property within the definition of FAR 52.245-1 Government Property. 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 NAVSUP WSS Supply Planner (SP). The Contractor shall also provide actual costs associated with BPR items submitted for the final NAVSUP WSS determination and authorization. The Contractor shall not induct items that were identified BPR through visual inspection prior to induction. In no event shall the final BPR unit price exceed the repair firm fixed unit price negotiated in this contract.

2.3 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 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. 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. 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.

2.4 An overhauled part is one which has been disassembled, cleaned, inspected, repaired as necessary (by replacing or repairing all components which have been found to exceed limits established by the repair/overhaul manual) reassembled and tested in accordance with the approved repair/overhaul manual listed in this SOW and returned to a Ready for Issue (RFI) condition (Refer to contract schedule for items to be overhauled).

2.5 Changes to manuals used for repairs under this contract, or changes to drawings or specifications used in the manufacture of parts utilized in these repairs, require Procuring Contracting Officer (PCO) approval in accordance with the Configuration

Management provisions of this Statement of Work or contract. Under no circumstances should the repair, test, and inspection extend beyond the requirements of this paragraph unless authorized by the Government QAR. In addition, requests for approval of changes to a repair source or repair facility shall be submitted in writing to the PCO prior to making any such change.

2.6 Any repairs performed using unapproved changes to such manuals, drawings, specifications, or changes to repair source or facility are done at the contractor's own risk. If the Government disapproves the requested change, the contractor shall replace any delivered items repaired using such unapproved manuals, drawing, specification, repair source or repair facility change. 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 manuals, drawings, specifications, or to a repair source or facility.

2.7 In the event the Contractor receives a unit for repair where the failure cannot be duplicated (CND), the Contractor shall conduct sufficient testing, as deemed prudent by the Contractor’s engineering department, to ensure system reliability. The Contractor shall notify the PCO of the CND status of the unit received.

3.0 GOVERNMENT INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

3.1. The Contractor shall establish and maintain procedures to enable their full participation in the Government Industry Data Exchange Program (GIDEP), following the latest revision of S0300-BU-GYD-010. Compliance with this clause shall not relieve the Contractor from complying with any other performance requirements of the contract.

3.2. The Contractor shall review and maintain status of GIDEP failure experience and Diminishing Manufacturing Source and Materials Shortages (DMSMS) reports. The Contractor shall notify the procuring activity immediately when the items the Contractor supply or support are impacted.

3.3. The Contractor shall prepare GIDEP SAFE ALERTS/ALERTS or Problem Advisories, as appropriate, under the procedures prescribed in S0300-BT-PRO-010, GIDEP Operations Manual, Chapter 7, for nonconforming materials which impact production or may have an adverse impact on space or logistics support and repair.

3.4. The Contractor shall notify GIDEP of DMSMS items and materials that suppliers/ vendors have declared obsolete or discontinued, following Chapter 11 S0300-BT-PRO-010 that may impact production or logistics support of systems, subsystems, software, or equipment.

3.5. Appropriate action and notification, as deemed necessary by the Contractor, shall be taken in response to GIDEP Failure Experience and DMSMS reports, electronically distributed, which may impact the performance of materials procured hereunder.

3.6. The Contractor shall maintain a status of GIDEP Failure Experience and DMSMS reports and the benefits accrued thereof, and shall provide an Annual Utilization Report to GIDEP, in accordance with S0300-BT-PRO-010, Chapter 5.

WSSTERMCZ01 - CONFIGURATION CONTROL

(a) The Contractor shall maintain the total baseline configuration of the contract items, including, but not limited to, hardware, software and firmware, in accordance with the configuration management provisions of this contract.

(b) Definitions

(1) Critical Application Item (CAI) – CAI is defined as an item that is essential to weapon system performance or operation, or the preservation of life or safety of operational personnel, as determined by the military services. The subset of CAIs, whose failure could have catastrophic or critical safety consequences (Category I or II as defined by MIL-STD-882), are Critical Safety Items (CSI).

(2) Critical Safety Item (CSI) - CSI is defined as a part, an assembly, installation, or production system with one or more critical or critical safety characteristics that, if missing or not conforming to the design data, quality requirements, or overhaul and maintenance documentation, would result in an unsafe condition that could cause loss or serious damage to the end item or major components, loss of control, un-commanded engine shutdown, or serious injury or death to personnel and unsafe conditions, which relate to hazard severity categories I and II of MIL-STD-882, System Safety Requirements. CSIs are a subset of CAIs and include, but are not limited to, items determined to be life-limited, fracture critical, or fatigue sensitive. A Critical Safety Item may also be known by terms such as a Flight Safety Critical Aircraft Part, Flight Safety Part, or Flight Safety Critical Part. For purposes of this contract, the term used will be Critical Safety Item.

(3) Engineering Change Proposal (ECP) – An ECP is the documentation by which an engineering change and its implementation for items to be delivered under this contract is proposed, justified and submitted to the appropriate authority for approval or disapproval. Class I and Class II ECPs will be classified as follows:

(i) Class I ECP. An engineering change will be classified as Class I if:

(A) The Product Configuration Documentation (PCD) or Allocated Configuration Documentation (ACD), once established, is affected to the extent that any of the following requirements would be outside specified limits or specified tolerances:

I. Performance II. Reliability, maintainability or survivability III. Weight, balance, moment of inertia

IV. Interface characteristics V. Electromagnetic characteristics VI. Other technical requirements in the specification

(B) A change to the PCD, once established, will affect the Functional Configuration Documentation (FCD) or Allocated Configuration Documentation (ACD) as described in paragraph (i)(A) of this clause or will impact one or more of the following:

I. GFE

II. Safety III. Compatibility or specified interoperability with interfacing Configuration Items (CI), support equipment or support software, spares, trainers or training devices/equipment/software IV. Configuration to the extent that retrofit action is required V. Delivered operation and maintenance manuals for which adequate change/revision funding is not provided in existing contracts VI. Preset adjustments or schedules affecting operating limits or performance to such extent as to require assignment of a new identification number VII. Interchangeability, substitutability, or replaceability as applied to CIs, and to all subassemblies and parts except the pieces and parts of non-repairable subassemblies VIII. Sources of CIs or repairable items at any level defined by source-control drawings IX. Skills, manning, training, biomedical factors or human-engineering design

(C) Any of the following contractual factors are affected:

I. Cost to the Government including incentives and fees II. Contract guarantees or warranties III. Contractual deliveries IV. Scheduled contract milestones

(ii) Class II ECP. An engineering change is Class II if it does not impact any of the Class I factors specified above.

(4) Deviation – A deviation is the specific written authorization to depart from a particular requirement of the item’s configuration for a specific number of units or for a specific amount of time. It is also a specific written authorization to accept items, which are found to depart from specified requirements, but which nevertheless is considered suitable for use “as is” or after correction by a specified method. The term deviation encompasses what previously had been defined as both a deviation and waiver, and therefore includes requests to depart from a known requirement before, during or after manufacture. Deviations will be classified as follows:

(i) Major. A deviation is major when it involves a departure from requirements or specifications involving: health, performance, interchangeability, reliability, survivability, maintainability or durability of the item or parts, effective use or operation of the item or system, weight or size, and appearance (when a factor).

(ii) Critical. A deviation is critical when the deviation involves or impacts safety.

(iii) Minor. A deviation is minor when the deviation does not involve factors listed above for either critical or major deviations.

(c) Configuration Management/ECPs

(1) The Government will maintain configuration control and change authority for all modifications or changes affecting form, fit, function, or interface parameters of the contract items and sub-assemblies. Guidelines for preparing Class I and Class II ECPs may be found in MIL-HDBK- 61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus Standard for Configuration Management. The Contractor will maintain configuration of the items in accordance with the requirements of this contract.

(2) The Contractor shall submit an Engineering Change Proposal (ECP) for any Class I or II changes that impact the items covered by this contract. An ECP shall be designated Class I or Class II, as defined in this contract.

(i) If the Contractor has an ECP pending with another Government activity, has an approved ECP that the Contractor proposes to incorporate under this contract, or has an ECP pending or approved under a production contract, the Contractor will notify the PCO of the status of the ECP and provide a copy of the ECP submission. Any such Class I ECPs, however, will be incorporated only by modification to the contract.

(ii) A properly documented ECP submitted under this contract shall be processed as follows:

(A) Any Class I ECP must be submitted to the contracting officer for approval/disapproval. A Class I change will be not be implemented until a contract modification is issued by the contracting officer.

(B) Any Class II ECP involving a non-critical item or a CAI shall be submitted to the cognizant Defense Contract Management Agency (DCMA) for concurrence in classification and may be implemented only upon receiving DCMA concurrence. Any costs incurred prior to obtaining DCMA concurrence in classification shall be borne by the Contractor.

(C) Any Class II ECP involving a CSI must be clearly identified as involving a CSI, must be submitted to the contracting officer for review by the contracting officer and the Navy’s Basic Design Engineer, and may be implemented only upon the approval of the contracting officer. If, however, authorized in writing by the contracting officer or if the Naval Air Systems Command has delegated authority in writing to the DCMA to concur in Class II ECPs involving CSIs for the Contractor (which is specific to the Contractor’s location and CAGE code), a Class II ECP involving a CSI may be submitted to the DCMA and implemented upon DCMA’s concurrence with classification.

(D) If the affected Class II ECP item or items have not been identified as CAI, CSI or as non-critical by the Government, the Contractor will contact the contracting officer to obtain a criticality classification for the affected items.

(E) DD Form 1692 shall be used as format for submittal of Class II engineering changes to obtain Government approval.

Justification codes are not required for Class II ECPs.

(F) The DD Form or the Contractor’s own form shall be used as format for submittal of Class II engineering changes to obtain Government concurrence in ECP classification only. As a minimum, the format used to obtain Government concurrence only shall include:

I. Name and part number of item affected II. Name and part number of next higher assembly III. Description of the engineering change IV. Reason for making the engineering change V. All Government contract number(s) for which the change will apply VI. Change document number

(G) The Contractor shall obtain Government concurrence in classification prior to or concurrent with the release of the

Class II change. The Contractor assumes total risk for implementation of changes prior to notification of Government concurrence.

(H) In the event the Contractor believes a change is permissible under the Configuration Management provisions of this contract without PCO approval (due to, for example, the apparent minor nature of the change), but after such change a determination is made by the Contractor or the Government that PCO approval is in fact required – (i) such approval must be obtained and (ii) any/all costs incurred either initially or in reversing an unapproved change shall be borne by the Contractor.

(I) The Government will not be responsible for any contract delay or disruption or any increased costs of performance of the contractor due to a misclassification of an ECP by the contractor, including those costs associated with replacement of delivered items resulting from such a misclassification.

(J) Class II changes shall be made at no additional cost to the Government.

(iii) The Contractor shall coordinate with the cognizant NAVAIR PMA office prior to any ECP submission. The Contractor will provide copies of configuration changes affecting FMS customers to NAVSUP WSS FMS, Code P751.

(iv) Under this contract, a Class I ECP may be prepared in the contractor’s format but in a medium compatible with Government information management systems. In addition, a Class I ECP shall provide all information required by DI-CMAN-80639C – Engineering Change Proposal.

(v) The contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a Class I or Class II ECP.

(d) Configuration Management/Deviations

(1) The Contractor shall not manufacture/repair any item for acceptance by the Government that incorporates a known departure from technical or contractual requirements unless a request for a deviation has been approved. Authorized deviations are a temporary departure from the requirements only and do not authorize a change to the item’s configuration baseline.

(2) Deviation requests shall be prepared in accordance with DI-CMAN-80640C – Request for Deviation. Guidelines for preparing deviations may also be found in MIL-HDBK-61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus Standard for Configuration Management.

(3) Major, critical and minor deviations are classified in accordance with the definitions in this contract.

(4) A Request for Deviation shall be processed as follows upon submission of a properly documented request:

(i) For items involving a major or critical deviation, delivery and/or shipment of such items under this contract is not permitted until authorized in writing by the contracting officer.

(ii) For any non-critical item or CAI involving a minor deviation, delivery and/or shipment of such items under this contract is not permitted until authorized by the cognizant DCMA. Minor deviations affecting CSI must be identified as involving a CSI must be submitted to the contracting officer for review by the contracting officer and the Navy’s Basic Design Engineer (BDE), and may be delivered only upon the approval of the contracting officer. If, however, authorized in writing by the contracting officer or if the Naval Air Systems Command has delegated authority in writing to the DCMA to approve minor deviations involving CSIs for the Contractor (which is specific to the Contractor’s location and CAGE code), a minor deviation affecting a CSI may be reviewed by the DCMA and may be delivered if authorization from DCMA is received.

(iii) If the affected item or items have not been identified as CAI, CSI or as non-critical by the Government, the Contractor will contact the contracting officer to obtain a classification for the affected items.

(5) Recurring deviations are discouraged and shall be minimized. The contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a major/critical or minor deviation. In addition, the Government may be entitled consideration from the contractor if a deviation is approved.

SUPTXT 204-9400 (1-17) CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT) SYSTEMS OR PROTECTED HEALTH INFORMATION (APR 2017)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance. Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as ITI, IT-II, or IT- III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation, which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor.”

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO

NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a noncritical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative.

Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO

OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

• Must be either a US citizen or a US permanent resident with a minimum of 3 years’ legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

• Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

• SF-85 Questionnaire for Non-Sensitive Positions

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

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…

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