3.02_Solicitation_A022897_N0038326RA051.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

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

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:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Section A - Solicitation/Contract Form

BAE Endicott BOA Renewal

N0038326RA051

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

This is a Basic Ordering Agreement (BOA) with BAE Systems Controls, Inc. (89954). The terms and conditions in this BOA apply to all orders issued hereunder. The Government may order, in the manner provided elsewhere herein, the following:

(a) :Repairs and/or Modifications of Government Property

(1) The Government may order, in the manner provided elsewhere herein, and 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 (hereinafter repairable assemblies or items) in the F-18, E-2/C-2, V-22, FMS System. The repairable assemblies to be repaired and/or modified under this BOA are set forth by manufacturer's part number or National Stock Number (NSN) in Attachment "A" and constitute "Government Property" as defined in FAR 52.245-1 or 52.245-1 Alternate I, as applicable, of this BOA. Repair and/or modification of repairable assemblies will be accomplished in accordance with the Specifications for Repair/Modification/Statement of Work.

(2) Web-based Commercial Asset Visibility (WEBCAV) Reporting: The Contractor's effort on each Order for repair and/or modification of government property shall include furnishing all effort including labor, materials, and facilities as may be required to accumulate, format, and transmit the transactions.

(b) :Spares

(1) The Government may order, in the manner provided elsewhere herein, and the contractor shall furnish items as may be required to support the F-18, E-2/C-2, V-22, FMS System.

(a) Priced orders under this BOA shall be those in which the contractor submits a firm-fixed price quote, offer, or proposal, and delivery schedule in response to a Request for Quotation (RFQ) or Request for Proposal (RFP), and all terms and conditions have been agreed upon prior to issuance of the order, including: (i) with respect to Orders for repair, the pricing for Teardown and Evaluation (TD&E) and repair of government furnished property; and (ii) with respect to all Orders, delivery.

(a) Unpriced orders under this BOA shall be those in which urgency exists that does not allow the Contracting office to negotiate a definitive contract action in sufficient time to meet the Government's requirements; and it is in the Government's interest that contract performance can begin immediately.

(b) Unpriced Purchase Orders(also known as "Monetary Limitation Orders") shall be issued pursuant to the requirements of FAR Part 13 and Undefinitized Contractual Action Orders (also known as "Ceiling Priced Orders") shall be issued pursuant to the requirements of DFARS 217.74

(c) Unpriced Purchase Orders shall contain a Monetary Limitation price at the time of issuance. An Undefinitized Contractual Action Order shall contain a Not-To-Exceed price at the time of issuance.

(d) Failure to reach agreement on price for any order issued before its price is established is a dispute under the Disputes clause, FAR 52.233-1.

(e) When an RFQ is issued under Simplified Acquisition Procedures (FAR Part 13) and the Monetary Limitation Orders.

estimated contract price is under the Simplified Acquisition Threshold, a realistic monetary limitation shall be established for the order and the order shall be funded in the amount of the monetary limitation.

(1) All monetary limitation orders shall include the clause at FAR 52.216-24 with the fill-ins completed. Any modification of an order to adjust the monetary limitation shall make corresponding adjustments to FAR 52.216-24.

(f) When an RFQ or RFP is issued and the estimated contract price is at or above the Simplified Ceiling Priced Orders.

Acquisition Threshold, a Not-To-Exceed price shall be established for the order and the order shall initially be funded at not more than forty-nine percent (49%) of the Not-To-Exceed price. Prior to definitization and in the Government's discretion, a modification may be issued to increase the obligated amount to not more than seventy-five percent (75%) of the Not-To-Exceed price after receipt by the Government of the contractor's qualifying proposal for a firm-fixed-price order.

(1) All Ceiling Priced Orders shall include the clause at DFARS 252.217-7027 with all fill-ins completed.

(2) All Ceiling Priced Orders shall include the clause at FAR 52.216-24 with the fill-ins completed. Any modification to the obligated amount prior to definitization shall make corresponding adjustments to FAR 52.216-24.

(3) For any Ceiling Priced Order, the submission by the contractor of a qualifying proposal in accordance with the definitization schedule is a material element of the contract. The contractor shall submit its firm-fixed-price proposal for definitization to the PCO within thirty (30) days of its receipt of Government Property to be repaired under the Order, unless otherwise established in clause 252.217-7027, Contract Definitization in the Order. The contractor's proposal submission shall be in the form of a "qualifying proposal" as defined by DFARS 217.7401; and contractor shall include in its proposal a firm delivery schedule, if not already established, as well as cost or pricing data, as may be required in accordance with FAR subpart 15.4 and DFARS subpart 215.4.

(a) The induction period for repairs under each Order for repair shall be 365 days from the date of the order unless otherwise specified in the order.

(Or tailor to will be specified at the delivery order level)

(b) The contractor shall provide appropriate and adequate storage for all items received in accordance with an Order for repair under this BOA.

(c) All Orders, whether priced or unpriced, will be effective and binding upon issuance by the contracting officer, unless the Order specifically provides the Contractor an opportunity to reject the Order.

(d) Contractor shall not perform any work under this BOA that is not associated with a funded and executed Order.

(e) All contractor proposals and orders issued under this BOA shall include a reference to the Procurement Instrument Identifier for this BOA (Block 2 of the Standard Form 26).

Item Supplies/Service Quantity Unit Unit Price Amount

Repair for 5-year ordering period: See Attachment A

Product Service Code: 5985 Pricing Arrangement: Firm Fixed Price.

Lot

Spares for 5-year ordering period: See Attachment A

Product Service Code: 5985 Pricing Arrangement: Firm Fixed Price.

Lot

Additional Regulation or Supplemental Clauses Incorporated by Full Text

WSSTERMBZ01 IMPORTANT NOTICE REGARDING INVENTORY TRANSACTION

REPORTING

(Sep 2023)

Inventory transaction reporting requirements have changed for NAVSUP Weapon System Support (NAVSUPWSS) contracts. These requirements are detailed in Section F, and the contractor should read this section carefully to ensure compliance. Detailed information on Commercial Asset Visibility (CAV) Repairables Portal (RP) reporting requirements can be found in the CAV Statement of Work (SOW) located at:

https://www.navsup.navy.mil/NAVSUP-Enterprise/NAVSUP-Weapon-Systems-Support/Provisions-Instructions-and-Contract/

Questions can be addressed to usn.philadelphia.navsupwssphil.mbx.cavsaar@us.navy.mil for NAVSUP WSS Philadelphia solicitations and contracts (document numbers beginning with N00383) and to usn.mechanicsburg.navsupwssmech.mbx.mech-cav-saar@us.navy.mil for NAVSUP WSS Mechanicsburg solicitations and contracts (document numbers beginning with N00104).

N0038326RA051

https://www.navsup.navy.mil/NAVSUP-Enterprise/NAVSUP-Weapon-Systems-Support/Provisions-Instructions-and-Contract/ mailto:usn.philadelphia.navsupwssphil.mbx.cavsaar@us.navy.mil mailto:usn.mechanicsburg.navsupwssmech.mbx.mech-cav-saar@us.navy.mil

Section C - Description/Specifications/Statement of Work

(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:

BAE Systems Controls, Inc. (89954)

1098 Clark Street Endicott, NY 13760-2815

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:

(1) Verify that the articles received corresponds with the list of the articles furnished for such shipment; and further verify that the articles received are covered by the applicable Delivery Order;

(2) Segregate those assets that were improperly sent to the contractor, contact PCO for return shipping instructions, and return improperly sent items to the Government;

(3) Advise the Government PCO if any portion of the required repair is covered under a warranty; or 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;

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

1.0 SCOPE

1.1. General. The items to be furnished hereunder are Government Furnished Property (GFP) and shall be repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this BOA. Equipment such as fixtures, jigs, dies, patterns, mylars, special tooling, special test equipment, or any other manufacturing aid required for the repair, manufacture, and/or testing of the subject item(s), will not be provided by the Government and shall be the responsibility of the Contractor unless expressly provided for on Attachment [ENTER

This limitation regarding the furnishing of equipment applies notwithstanding any reference to the contrary in .ATTACHMENT LETTER] any drawing, manual, or specification for the BOA 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 the governing repair manual(s)/documents for each item covered by this BOA. [ENTER ATTACHMENT LETTER] 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 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.

1.2.3. The Contractor is not entitled to any equitable adjustment to the price or BOA 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 (BR)

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, either requesting the submission of a proposal for BPR pricing, or ordering the disposal of the item. If asked to provide a BPR pricing proposal, the Contractor shall provide the proposal to the PCO within 30 days of receipt of the request. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor's approved Government property disposal procedures 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 of the replacement price for items identified % [ENTER PERCENTAGE] on Attachment A. 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 BOA.

1.4.2. Procedures. 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 Contractor's proposed BER 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, either providing contractual authority for repair of the item or ordering the disposal of the item. The Contractor is not authorized to proceed with the repair until notification is received from the PCO. If provided disposition disposal instructions, the contractor shall submit a proposal for disposal pricing to the PCO within 30 days of receipt of these 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.

(If Paragraphs 1.4.3. through 1.6.2. will not/should not apply the Contract/orders under your intended BOA, delete this text, the black, tailor if appropriate,inapplicable paragraphs, and the red text in paragraph 2.2. Otherwise convert red text to and only delete this text.)

1.4.3. The following additional procedures may apply, if authorized, for the replacement of a BER SRA (Shop Repairable Assembly) within a WRA (Weapons Repairable Assembly) when the SRA has not been separately inducted. The Contractor may request authorization to:

Ship in place an accepted item from an existing spares or repair [INSERT BOA/CONTRACT NUMBER], 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 the WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK. The Contractor must provide written notification of any item shipped in place or MILSTRIPed to the PCO and an equitable adjustment may be required. If authorization to ship in place or MILSTRIP is not provided, the Contractor shall contact the PCO for further instructions.

1.5. 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 [INSERT BOA

/CONTRACT NUMBER].

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 [INSERT BOA/CONTRACT NUMBER], 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 the WEB-BASED COMMERCIAL ASSET VISIBILITY (WEBCAV) STATEMENT OF WORK. If either of these options is not authorized, the Contractor shall contact the PCO for further instructions.

1.6. Swapping SRAs

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

1.6.2. Procedures. The Contractor may request authorization to replace the failed SRA unit from the Contractor's production line, by MILSTRIP for an RFI item from Government stock, or with another repairable WRA, i.e. cannibalization. Permission from the PCO must be obtained and an equitable adjustment may be required. Authorization to ship in place from the Contractor's production line or MILSTRIP must be appropriately documented in accordance with 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.

2.0 PARTS AND MATERIAL

2.1. The Contractor is responsible for supplying all parts and material necessary to perform the required repairs under this BOA unless parts or material are specifically identified on Attachment as Government Furnished Material (GFM). All parts [ENTER ATTACHMENT LETTER] and material used in performance of this BOA 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 BOA to updated drawings and specifications for parts and material required for repairs performed under this BOA. Any change to such parts/material drawings or specifications requires Government PCO approval.

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 authorized and requires specific additional approval by the PCO. Cannibalization or swapping shall not render an , including any actions authorized under paragraphs 1.5 and 1.6, 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, if the Contractor has been delegated authority in writing by another Navy Command to approve a change in manufacturing source or a manufacturing facility, the Contractor may implement such a change after notifying the PCO, providing a copy of such delegation to the PCO, and receiving acknowledgment of such delegation from 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 not authorized. 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, ensure that the parts and material purchased are in compliance with the requirements of this BOA.

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 ensure 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 ensure parts and material conform with all requirements of the applicable drawings and specifications.

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

3.0 INSPECTION PROVISIONS

3.1. Government inspection shall be in accordance with FAR 52.246-2, Inspection of Supplies - Fixed-Price incorporated by reference in Section E, at source by DCMA unless otherwise specified in the BOA 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 BOA.

The contractor shall furnish on an "as required" basis all parts required to complete servicing of repairable articles hereunder within established delivery schedules. Such parts shall be in accordance with applicable drawings and specifications.

The CAV Statement of Work (SOW) is located at: https://www.navsup.navy.mil/NAVSUP-Enterprise/NAVSUP-Weapon-Systems-Support /Provisions-Instructions-and-Contract/; and incorporated herein by reference. The CAV SOW applies to all Orders for repair.

a) Deliver By dates for spares orders hereunder shall be specified on each delivery order.

b) Orders issued under the BOA shall be binding upon the date of issuance provided pricing and delivery schedule have been agreed to prior to issuance. The contractor shall, except as specified in paragraphs (a) and (b) below, immediately proceed with performance of the order.

a) The contractor shall stop performance immediately and notify the Contracting Officer within 30 days of the date of order when an item to be delivered cannot be identified by the given part number or when an item's configuration has been superseded as a result of an approved engineering change. After receipt of such notice, the Contracting Officer will advise the contractor of any actions to be taken, including whether performance is authorized.

N0038326RA051

https://www.navsup.navy.mil/NAVSUP-Enterprise/NAVSUP-Weapon-Systems-Support/Provisions-Instructions-and-Contract/ https://www.navsup.navy.mil/NAVSUP-Enterprise/NAVSUP-Weapon-Systems-Support/Provisions-Instructions-and-Contract/

b) The contractor shall not proceed with performance of any order when the contractor's applicable representations or certifications set forth in the BOA cannot be made by the contractor as to such order. Revised representations and/or certifications shall be provided to the Contracting Offer within ten days of the date of order issuance.

c) The PQDR process shall apply to any item received with a latent defect or in nonconforming condition.

Requirements BOA renewal for F-18, E-2, V-22 and FMS NIINs

Additional Regulation or Supplemental Clauses Incorporated by Full Text

WSSTERMCZ01 CONFIGURATION MANAGEMENT AND CONTROLS (Dec 2023)

Prescription: Required in all Navy Aviation (Phil only) solicitations/contracts

1.0 Configuration Management

1.1 The cognizant Naval Air Systems Command (NAVAIR) Program Manager will maintain configuration control and change authority for all items in this contract.

1.2 In accordance with the configuration management provisions of this contract, the Contractor must maintain the total Equipment baseline configuration of the parts on this contract including, but not limited to, hardware, software and firmware.

NOTE: The latest revisions of the DOD Forms referenced in this term can be found at https://www.esd.whs.mil/dd. The latest revisions of the DIDs referenced in this term can be found at https://quicksearch.dla.mil/.

2.0 Engineering Changes

2.1 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 Engineering Change Proposal (ECP) by the Contractor, including those costs associated with replacement of delivered items resulting from such a misclassification. ECP's are classified as Class I (Major) or Class II (Minor).

For detailed classification criteria refer to the DD Form 1692 instructions sheet. ECPs must be prepared in accordance with DI-SESS- 80639E, Engineering Change Proposal (ECP).

NOTE: Any ECP or notification of an ECP submitted to the PCO in accordance with this paragraph must also be copied to the NAVSUP WSS CM Team at usn.philadelphia.navsupwssphil.mbx.configuration-management@us.navy.mil.

2.1.1 Class I (Major) Changes: The Contractor must coordinate with the cognizant NAVAIR Program Office prior to any Class I ECP submission. The Contractor must submit all Class I changes, via the Defense Contract Management Agency (DCMA) Contract Management Office (CMO) and the Procurement Contracting Officer (PCO), to the cognizant NAVAIR Program Office for approval

The Contractor must notify the PCO of any pending or approved Class I engineering changes with another or disapproval.

Government activity that the Contractor proposes to incorporate under this contract. The cognizant NAVAIR Program Office will approve or disapprove of all Class I changes. Any approved Class I change may necessitate contract changes by the contracting officer, which changes may be handled under the Changes clause of this contract, FAR 52.243-1. The Contractor must not implement a Class I change on this contract until a contract modification is issued by the PCO.

2.1.2 Any Class II change involving a Critical Safety Item (CSI) must be submitted to the PCO for Class II (Minor) Changes:

NAVAIR Program Office approval unless NAVAIR has delegated approval authority to the cognizant DCMA CMO. For Class II changes to items without a criticality determination, the items will be considered CSI for the purposes of processing in accordance with this paragraph. Class II changes related to non-CSI's must be submitted to the cognizant DCMA CMO for concurrence in classification and may be implemented only upon receiving DCMA concurrence. Class II changes must be made at no additional cost to the Government.

2.2 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.

3.0 Variances

3.1 The Contractor must not deliver any item for acceptance by the Government that incorporates a known departure from product definition information unless a Request for Variance (RFV) has been approved. Authorized variances are a temporary departure from the requirements only and do not authorize a change to the item's approved configuration. RFV's are classified as Critical, Major, or Minor. For detailed classification criteria refer to the DD Form 1694 instructions sheet. Any variance requests to CSI's must be classified as major, at a minimum. For variances to items without a criticality determination, the items will be considered CSI for the purposes of processing and classified as a major, at a minimum. Variance requests shall be prepared in accordance with DI-SESS- 80640E - Request for Variance (RFV).

NOTE: Any RFV submitted to the PCO in accordance with this paragraph must also be submitted to the NAVSUP WSS RFV Review Team at usn.philadelphia.navsupwssphil.mbx.rfv-review-team@us.navy.mil.

NOTE: Should a variance be discovered after product delivery, the Contractor must notify the PCO and NAVSUP WSS Quality (NOE_N22@us.navy.mil).

3.1.1 Critical/Major Variances: The Contractor must submit all critical/major variance requests, via the DCMA CMO and the PCO, to the cognizant NAVAIR Program Office for approval or disapproval. All approved critical/major variances require a contract modification by the PCO prior to final inspection and acceptance of the items.

3.1.2 Minor Variances: For minor RFVs, delivery and/or shipment of such items under this contract is not permitted until approved by the cognizant DCMA CMO.

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 critical, major, or minor variance.

WSSTERMCZ04 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (GIDEP) (Feb 2025)

a. The Contractor will actively participate in the Government Industry Data Exchange Program (GIDEP) per the Operations Manual (OM). The Contractor will submit information concerning critical or major nonconformances, as defined in FAR 46.101, to the GIDEP information system.

b. The Contractor will insert paragraph (a) above in any subcontract when deemed necessary by the Contractor. When so inserted, the word "contractor" will be changed to "subcontractor."

c. The Contractor will when it elects not to insert paragraph (a) in a subcontract, provide the subcontractor any GIDEP data, which may be pertinent to items of its manufacture and verify that the subcontractor utilizes any such data.

d. The Contractor shall, whether it elects to insert paragraph (a) in a subcontract or not, verify that the subcontractor utilizes and provides feedback on any GIDEP data that may be pertinent to items of its manufacture.

e. Associated Data Item Description (DID) DI-QCIC-80125B: Alert/Safe-Alert Reporting to GIDEP.

WSSTERMCZ05 CONFIGURATION MANAGEMENT – MARITIME (Dec 2023)

Prescription: Required in all Navy Maritime (Mech only) solicitations/contracts

1.0 Configuration Management

1.1 The cognizant systems command (SYSCOM), Naval Sea Systems Command (NAVSEA) or Naval Information Warfare Systems Command (NAVWAR), Program Manager will maintain configuration control and change authority for all items in this contract.

1.2 In accordance with the configuration management provisions of this contract, the Contractor must maintain the total Equipment baseline configuration of the parts on this contract including, but not limited to, hardware, software and firmware.

NOTE: The latest revisions of the DOD Forms referenced in this term can be found at https://www.esd.whs.mil/dd. The latest revisions of the DIDs referenced in this term can be found at https://quicksearch.dla.mil/.

2.0 Engineering Changes

2.1 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 Engineering Change Proposal (ECP) by the Contractor, including those costs associated with replacement of delivered items resulting from such a misclassification. ECP's are classified as either Class I (Major) or Class II (Minor). For detailed classification criteria refer to DD Form 1692 instructions sheet. ECPs must be prepared in accordance with DI- SESS-80639E, Engineering Change Proposal (ECP).

NOTE: Any ECP or notification of an ECP submitted to the PCO in accordance with this paragraph must also be copied to the NAVSUP WSS CM Team at usn.philadelphia.navsupwssphil.mbx.configuration-management@us.navy.mil.

2.1.1 Class I (Major) Changes: The Contractor must coordinate with the cognizant SYSCOM Program Office prior to any Class I ECP submission. The Contractor must notify the Procurement Contracting Officer (PCO) of any pending or approved Class I engineering changes with another Government activity that the Contractor proposes to incorporate under this contract. The cognizant SYSCOM Program Office will approve or disapprove of Class I changes. Any approved Class I change may necessitate contract changes by the PCO, which changes may be handled under the Changes clause of this contract, FAR 52.243-1 The Contractor must not implement a Class I change on this contract until a contract modification is issued by the PCO.

2.1.2 Class II (Minor) Changes: Class II changes must be submitted to the cognizant Defense Contract Management Agency (DCMA) Contract Management Office (CMO), or to the Supervisor of Shipbuilding (SUPSHIP) Groton, for concurrence in classification and may be implemented only upon receiving DCMA, SUPSHIP, or NAVSEA/NAVWAR Technical Warrant Holder (TWH) concurrence. On Navy Special Emphasis Program contracts/purchase orders, the Contractor must submit the Class II (Minor) change to the PCO for approval or disapproval. Class II changes must be made at no additional cost to the Government.

2.2 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.

3.0 Variances

3.1 The Contractor must not deliver any item for acceptance by the Government that incorporates a known departure from product definition information unless a Request for Variance (RFV) has been approved. Authorized variances are a temporary departure from the requirements only and do not authorize a change to the item's configuration baseline. RFVs are classified as Critical, Major, or Minor. For detailed classification criteria refer to the DD Form 1694 instructions sheet. Variance requests must be prepared in accordance with DI-SESS-80640E - Request for Variance (RFV).

NOTE: Any RFV submitted to the PCO in accordance with this paragraph must also be copied to the NAVSUP WSS RFV Review Team at usn.philadelphia.navsupwssphil.mbx.rfv-review-team@us.navy.mil.

3.1.1 Critical/Major Variances: The Contractor must submit all critical/major variance requests via DCMA or SUPSHIP and the PCO, to the SYCOM Program Office or their delegated representative, for approval or disapproval. All approved critical/major variances require a contract modification by the PCO prior to final inspection and acceptance of the items.

3.1.2 Minor Variances: For minor RFVs, delivery and/or shipment of such items under this contract is not permitted until the request is approved by the cognizant DCMA CMO, SUPSHIP, or SYSCOM TWH. On Navy Special Emphasis Program contracts/purchase orders, the Contractor must submit minor variance requests via DCMA or SUPSHIP and the PCO, to the SYSCOM Program Office or their delegated representative, for approval or disapproval.

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 major/critical or minor variance.

216-940109-18 SUPTXT216-940109-18 PLACING AND PROCESSING OF ORDERS (Jan 2024)

216-9401(07-18) PLACING AND PROCESSING OF ORDERS

(a) Ordering Period. The government, from time to time during the period commencing on the date of award of this Basic Ordering Agreement (BOA) and continuing for five (5) years (hereinafter called the "ordering period"), may place orders for supplies to be delivered hereunder. Each order placed under this Agreement shall be in accordance with this Agreement.

(b) Authorized Ordering Activity. A Contracting Officer of * may place orders under this Agreement. Only such Contracting Officer has the authority to make changes to the provisions of this BOA.

(c) Ordering Procedures. Orders issued hereunder may be either priced or unpriced. Each order issued hereunder shall constitute a contract. The negotiated ceiling price for an unpriced order issued hereunder is the maximum not-to-exceed price for each order. Unpriced orders will be definitized within 180 days after the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price, or the date on which the amount of funds obligated under the order is equal to more than 50 percent of the ceiling price of the order is expended whichever occurs earlier. The Contractor agrees to submit a firm fixed price proposal to meet this - definitization schedule.

(d) Content of Orders. Orders placed hereunder will be prepared on a DD Form 1155 and will at a minimum include the following if applicable:

(1) The order number, date, and the number of this Agreement.

(2) Citation of the negotiation authority under FAR 6.302.

(3) Appropriation and accounting data and special invoicing instructions.

(4) Special shipping instructions, place of delivery, place of inspection, DOD Priority designator and surveillance Criticality designator.

(5) Defense Order Rating certified under defense the Defense Priorities and Allocations System.

(6) Descriptions and the part numbers of the particular articles to be furnished, the quantity of each, and the stock number, if available.

(7) The model designation of the end unit for which the parts ordered applies, if available.

(8) For priced orders, the agreed upon delivery schedules, firm unit prices, firm extended amounts and a total firm price.

(9) For unpriced orders, a desired delivery schedule and a total ceiling price.

(10) Orders for change pages/revisions to existing Technical Manuals, or for new Technical Manuals will include Technical Manual Contract Requirements (TMCRs) citing the equipment and changes to be covered by the publications ordered, the manuals involved, description and specifications, delivery and packing, instructions for transmittal of negatives and retention of reproducible copies and negatives.

(11) A DD form 1423 setting forth the data ordered.

243-9400(1-92) SUPTXT243-9400(1-92) AUTHORIZED CHANGES ONLY BY THE

CONTRACTING OFFICER

(Jan 2024)

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

NAME:

ADDRESS:

TELEPHONE:

245-9409(1-92) SUPTXT245-9409(1-92) FACILITIES (Jan 2024)

FACILITIES

(a) In the performance of all orders under this Basic Ordering Agreement other than orders for Foreign Military Sales (FMS), the Contractor is authorized to use on a rent-free and no-charge-for-use basis those facilities provided under Contracts ______*________. In addition, on all non-FMS orders, Subcontractors are authorized to use on a rent-free basis those facilities furnished to them under facilities contracts which provide for use, without charge, of Government owned facilities furnished thereunder subject to the terms and conditions of such facilities contracts. On all orders (FMS and non-FMS) issued under this Basic Ordering Agreement, the Contractor and/or his Subcontractor(s) are also authorized to use, on a rent-free and no-charge-for-use basis, Government property (i.e., tooling and test equipment), special tooling and special test equipment which is in the Contractor's possession and which is not covered by a facilities contract. Such use is subject to the terms and conditions of the contract(s) under which the tooling or test equipment is held.

(b) The Contractor warrants that it will not include in the prices inserted in any non-FMS order issued hereunder any factor for the rental, depreciation or amortization of such facilities, special tooling or special test equipment and warrants that its subcontract prices of subcontracts on which use of facilities, special tooling or special test equipment on a no-charge-for-use basis is authorized will also not include any factor for the rental, depreciation or amortization of such facilities, special tooling, or special test equipment.

(c) If the facilities, special tooling or special test equipment are withdrawn from the Contractor or Subcontractor by the Government, or if permission to use on a no-charge-for-use basis is withdrawn from Contractor or Subcontractor at any time prior to or during the performance under any orders issued hereunder, the Contractor shall immediately notify the Contracting Officer, in writing, and advise the Contracting Officer of the steps the Contractor or Subcontractor will take to replace the property withdrawn or no longer authorized for use. The price and delivery schedule of such order shall be equitably adjusted as evidenced by a Supplemental Agreement thereto. Failure to agree upon such equitable adjustment in price and delivery shall be a dispute under the Disputes clause.

Section D - Packaging and Marking

Additional Regulation or Supplemental Clauses Incorporated by Full Text

WSSTERMDZ03 PRESERVATION, PACKAGING, PACKING AND MARKING (Dec 2025)

PRESERVATION, PACKAGING, PACKING AND MARKING

The contractor shall preserve, package, pack and mark all items as cited below. Where specifications or standards are cited herein the latest revision of that specification or standard shall apply.

1. PRESERVATION REQUIREMENTS

a. SYSTEM STOCK SHIPMENTS - The contractor shall preserve all items intended to in enter the military distribution system for stock accordance with the MIL-STD-2073-1, "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. Contractors should disregard the LP field and third digit of the PACK field and use the Unit Container Level (UCL) to identify the level of packing protection the unit container meets for packing requirements. When HM = D, the item is regulated in accordance with Title 49 Code of Federal

; when HM = N the item is not regulated for transportation.Regulations (CFR)

1) When a specified packaging material has an associated Qualified Products List (QPL), the contractor shall use only packaging materials produced by a manufacturer listed on the applicable QPL. Barrier materials that have QPLs are MIL-PRF-131, MIL-PRF-81705, MIL-PRF- 22191, MIL-PRF-3420 and MIL-PRF-22019. Sources for QPL material can be obtained from the Qualified Products Database at http://qpldocs.dla.mil/.

b. IMMEDIATE USE/INSTALLATION AND PART NUMBER BUY SHIPMENTS - Government PCO or ACO approval is required to use the packaging standards outlined in this paragraph. Any national stock numbered (NSN) item required for immediate use (used or consumed within or part numbered item (authority granted to ship without NSN) shall be preserved and packed in 7 days of receipt) or direct installation, accordance with ASTM D3951 , "Standard Practice for Commercial Packaging", for all shipments to a Continental United States -18 (2023) (CONUS) government activity or contractor-owned facility. All material destined for overseas shipment (OCONUS) shall be preserved in accordance with MIL-STD-2073-1.

c. GOVERNMENT-OWNED MATERIAL - In the event that the contract expires, is terminated, or completed, and Government-owned material is to be returned to the supply system, the contractor shall preserve and package this material in accordance with the requirements of paragraph 1.a.

2. PROTECTION FROM DEGRADATION DUE TO ELECTROSTATIC (ES)/ELECTROMAGNETIC (EM) FORCES

a. When ASTM D3951 is authorized for packaging and the item is considered Electrostatic Discharge Sensitive (ESDS), protection -18 (2023) shall be in accordance with ANSI/ESD S20.20-2021, "For the Development of an ESD Control Program for - Protection of Electrical and Electronic Parts, Assemblies and Equipment (Excluding Electrically Initiated Explosive Devices)."

b. When MIL-STD-2073-1 is specified and the preservation method code (PMT) in the solicitation does not specify ESD/EM protection (PMT = GX) and the contractor's proposed item of supply is subject to degradation from ES/EM forces, contractors shall provide recommended packaging data with their proposals/quotes.

3. PACKING REQUIREMENTS - The contractor shall pack as follows:

Domestic Shipments (CONUS): Level B

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

Via air, FPO, APO Level B

Via freight forwarder Level B

Via surface Level A

Exterior shipping containers for Packing Levels A and B are listed in MIL-STD-2073-1, Appendix C, Table C.II. Long-life reusable containers and wood containers are shipping containers which do not require overpacking for shipment.

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

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

1) Procurement Instrument Identifier (PIID) - the 13-digit contract order number,

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. DEPOT LEVEL REPAIRABLE (DLR) LABELS

1) Items identified with a Cognizance (COG) Code of either "7" or an even number preceding the NSN, excluding 6A, 6H and 6X COGs (e.

g. 7RH 5826-014289999), are defined as Depot Level Repairable (DLR) items. DLR items require that a DLR label be placed on the outside of the unit, intermediate and shipping containers 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.