N6133124R0012 Solicitation 05022024.pdf

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until 04:00 PM local time 03 Jun 2024

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79 - 89 X H 90 - 95 stephen.t.fairbanks.civ@us.navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 95

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N61331 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

STEPHEN FAIRBANKS 850-624-8550

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 - 26 27 - 31

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

32 - 35 36 - 38

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 39 - 47 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 48 - 49 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

50 - 63

PART II - CONTRACT CLAUSES

NAVAL SURFACE WARFARE CENTER PANAMA CITY

110 VERNON AVENUE

PANAMA CITY FL 32407-5891

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 May 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6133124R0012

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot MASC-Base Year

FFP

BASE YEAR - FFP - Hardware, materials, and supplies.

FOB: Destination

PSC CD: 9999

NET AMT

Technical Data

FFP

Contract Data Requirements List (CDRLs) in accordance with CDRLs listed in Section J. This CLIN is Not Separately Priced (NSP).

1001 Lot OPTION MASC-Option Year 1

FFP

OPTION YEAR 1 - FFP - Hardware, materials, and supplies.

Technical Data

FFP

Contract Data Requirements List (CDRLs) in accordance with CDRLs listed in Section J. This CLIN is Not Separately Priced (NSP).

2001 Lot OPTION MASC-Option Year 2

FFP

OPTION YEAR 2- FFP - Hardware, materials, and supplies.

Technical Data

FFP

Contract Data Requirements List (CDRLs) in accordance with CDRLs listed in Section J. This CLIN is Not Separately Priced (NSP).

3001 Lot OPTION MASC-Option Year 3

FFP

OPTION YEAR 3- FFP - Hardware, materials, and supplies.

Technical Data

FFP

Contract Data Requirements List (CDRLs) in accordance with CDRLs listed in Section J. This CLIN is Not Separately Priced (NSP).

4001 Lot OPTION MASC-Option Year 4

FFP

OPTION YEAR 4 - FFP - Hardware, materials, and supplies.

Technical Data

FFP

Contract Data Requirements List (CDRLs) in accordance with CDRLs listed in Section J. This CLIN is Not Separately Priced (NSP).

9001 Lot Contract Ceiling

FFP

The CLIN is ONLY to populate the contract ceiling in the total amount of $48,000,000.00 cumlatively between all awardees. No orders will be priced against this CLIN

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

MULTIPLE AWARD SUPPLY CONTRACT FOR THE ACQUISITION OF

SUPPLIES AND COMPONENTS IN SUPPORT OF THE NAVAL SURFACE

WARFARE CENTER PANAMA CITY DIVISION (NSWC PCD) AND THE U.S. NAVY

1.0 SCOPE

NSWC PCD has a requirement for multiple sources to provide hardware, materials, and supplies to support compelling and emergent requirements. These supplies may include commercial-off-the-shelf (COTS) items as well as non-commercial unclassified controlled original equipment manufacturer (OEM) specific items. These items will be in support of programs supported by NSWC PCD and its Sponsors and Government Partners. Examples of these programs are:

Organic Airborne Mine Countermeasure (OAMCM) Systems

Joint Expeditionary Command and Control (JEXC2)

Remote Mine Hunting Systems H60 Integration

Unmanned Maritime Systems Acoustics, Magnetics

Mine Warfare Programs Electro-Optics, Signal Processing

Mission Module Integration Dive and Life Support Systems

Fleet Introduction & Sustainment Senor and Data Fusion

Landing Craft Air Cushioned (LCAC) Vehicles Joint Expeditionary Command and Control (JEXC2) Systems

Ship To Shore Connector Special Warfare and Seal Delivery Vehicles (SDV)

Expeditionary Warfare Programs Navy Experimental Dive Unit (NEDU) Projects

Surface Mine Countermeasure Systems Extreme Environments Systems

U.S. Marine Corp Systems Littoral Combat Ship (LCS)

Maritime Special Programs Bathymetry Mapping Systems

Irregular/Asymmetric Warfare

Potential suppliers may be required to provide supplies from a number of systems or equipment and systems or equipment design information that are proprietary to the Original Equipment Manufacturers (OEM).

Potential suppliers shall have the ability to fulfill at or above the simplified acquisition threshold (SAT), for the acquisition of commercial and noncommercial items, but not exceeding the respective Indefinite Delivery, Indefinite Quantity stated limits. Simplified Acquisition Procedures (SAP) may be used for orders over $250,000 per FAR

13.500. The Contractor shall enter into subcontracts, Associate Contractor Agreements (ACA), or Non-Disclosure Agreements (NDA) with pertinent vendors and OEMs as appropriate. These deliverables would be identified in each of the individual delivery orders.

2.0 APPLICABLE DOCUMENTS

Applicable military specifications and standards that are listed in the issue of the Department of Defense

Index of Specifications and Standards (DODISS), and current on the date of contract award, plus applicable industry standards, or any other program documents may be specified within the individual delivery orders that will be issued for performing specific tasks under this indefinite delivery / indefinite quantity contract.

The following documents, of the exact issue shown, form a part of this Performance Work Statement (PWS) to the extent specified herein. In the event of conflict between the documents referenced and the contents of this PWS, the PWS shall take precedence. Second tier and lower references, (i.e., those referenced in the primary references) shall be used for guidance only.

2.1 Military Specifications: None

2.2 Military Standards: None

2.3 Other Documents

Document Number Date Title ANSI/ISO/ASQ 9001 2015 Quality Management Systems

OPNAVINST 5102.1E 23 September 2021 Navy Safety Investigation and Reporting Program

DoD 5010.12-L 31 August 2018 Acquisition Management System and Data Requirements

Control List (AMSDL)

NAVSEA Standard Item 009-04

01 October 2021 Quality Management System; provide

NAVSEA Standard Item 009-06

06 March 2020 Maintaining Protection and Cleanliness from Non- Radioactive Operations; accomplish

NOTE: Military Specifications, Standards, and Handbooks are available from: https://assist.dla.mil/online/start/.

Other documents may apply at the delivery order level.

3.0 REQUIREMENTS

3.1 Hardware Acquisitions

As tasked in individual delivery orders, the Contractor shall provide equipment and supplies from the following list of Product Service Codes (PSC), but not limited to:

PSC

GROUP

PRODUCT AND SERVICE CODE NAME

07 IT AND TELECOM

10 WEAPONS

12 FIRE CONTROL EQUIPMENT.

13 AMMUNITION AND EXPLOSIVES

16 AEROSPACE CRAFT COMPONENTS AND ACCESSORIES

17 AEROSPACE CRAFT LAUNCHING, LANDING, GROUND HANDLING AND SERVICING

EQUIPMENT

19 SHIPS, SMALL CRAFT, PONTOONS, AND FLOATING DOCKS

20 SHIP AND MARINE EQUIPMENT

22 RAILWAY EQUIPMENT

23 GROUND EFFECT VEHICLES, MOTOR VEHICLES, TRAILERS

24 TRACTORS

26 TIRES AND TUBES

28 ENGINES, TURBINES AND COMPONENT

29 ENGINE ACCESSORIES

30 MECHANICAL POWER TRANSMISSION EQPT

31 BEARINGS

34 METALWORKING MACHINERY

35 SERVICE AND TRADE EQPT

36 SPECIAL INDUSTRY MACHINERY

39 MATERIALS HANDLING EQUIPMENT

40 ROPE, CABLE, CHAIN, AND FITTINGS

42 FIRE FIGHTING, RESCUE, AND SAFETY EQUIPMENT ; AND ENVIRONMENTAL

PROTECTECTION EQUIPMENT AND MATERIALS

43 PUMPS AND COMPRESSORS

44 FURNACE, STEAM PLANT, AND DRYING EQUIPMENT; AND NUCLEAR REACTORS

45 PLUMBING, HEATING, AND WASTE DISPOSAL EQUIPMENT

46 WATER PURIFICATION AND SEWAGE TREATMENT EQUIPMENT

47 PIPE, TUBING, HOSE, AND FITTINGS

48 VALVES

49 MAINTENANCE AND REPAIR SHOP EQUIPMENT

51 HAND TOOLS

52 MEASURING TOOLS

53 HARDWARE AND ABRASIVES

58 COMMUNICATION, DETECTION, AND COHERENT RADIATION EQUIPMENT

59 ELECTRICAL AND ELECTRONIC EQUIPMENT COMPONENTS

60 FIBER OPTIC

61 ELECTRIC WIRE, POWER DISTRIBUTION EQUIPMENT

63 ALARM, SIGNAL, SECURITY DETECTION SYSTEMS

66 INSTRUMENTS AND LABORATORY EQUIPMENT

67 PHOTOGRAPHIC EQUIPMENT

68 CHEMICALS AND CHEMICAL PRODUCTS

69 TRAINING AIDS AND DEVICES

81 CONTAINERS, PACKAGING, AND PACKING SUPPLIES

84 CLOTHING, INDIVIDUAL EQUIPMENT, AND INSIGNIA AND JEWELRY

99 MISCELLANEOUS

The Primary North American Industry Classification System (NAICS) code is, but not limited to 339999. Additional NAICS codes may be selected at the delivery order level based on the requirement being matched to the aforementioned PSC codes.

3.2 Fabrication Support

As tasked in individual delivery orders, the Contractor shall provide fabrication support to manufacture, fabricate, and assemble equipment and supplies in accordance with Government Furnished Information. The items to be fabricated will be within the area of the FSCs listed in SOW paragraph 3.1. The Contractor shall provide all facilities, tooling, personnel, and materials to fabricate the equipment and supplies. All quality requirements shall be as specified in SOW paragraph 3.3.

3.3 Quality Assurance

This functional area consists of applying engineering and analytical disciplines to ensure that the processes and products used in the performance of this SOW result in quality products. The Contractor shall establish, implement, document, and maintain a quality system that ensures conformance to delivery order requirements and meets the requirements of ANSI/ISO/ASQ 9001-2015 (Reference Section E HQ-E-2-0015 Quality Management System Requirements), or an equivalent quality system model.

No later than 30 days after award, the Contractor shall submit a Quality Control Plan (QCP) for review and approval. The QCP shall describe the Quality Management System methodology and approaches used under the contract. Within seven calendar days of any change during period of performance, the Contractor shall submit to the Contracting Officer Representative (COR) a revised QCP for review and approval. Reference NAVSEA FY23 Standard Item 009-04 (01 OCT 2021) - Quality Management System; Provide and NAVSEA FY23 Standard Item 009-06 (06 March 2020) – Maintaining Protection and Cleanliness from Non-Radioactive Operations. (CDRL A001)

3.4 Information Technology

The requirements of this contract and subsequent delivery orders, may require the acquisition of information technology hardware or custom systems supporting maritime and supporting systems that may be noncommercial, modified COTS items to meet stated specifications, or COTS. Software products related to the hardware acquisition may be requested. Other stand-alone of already developed noncommercial or commercial supporting the maritime systems stated under paragraph 1.0, may be also be requested.

3.5 Safety and Hazard

The requirements of this contract and subsequent delivery orders, may require Contractor personnel to come in contact or be exposed to hazardous conditions. All systems will be provided complete with the respective Material safety data sheet (MSDS) and instructions on disposal and the use of the respective material. The Contractor shall abide by all applicable federal, local and state occupational safety and health requirements. No later than 30 days after award, the Contractor shall provide a copy of their Safety & Health Program documentation they will utilize for this requirement to the COR for review and approval. The Contractor's Safety & Health Program (S&HP) shall identify the personnel responsible for managing, implementing, training of and enforcement of the S&HP, process to insure employees have appropriate Personal Protection Equipment (PPE), process to ins employees have all required training and certifications related to Occupational Safety and Health Requirements.

When applicable, the COR will provide the Contractor the Government Agency's mission specific Standard Operating Procedures (SOP) that may include safety & health requirements. (CDRL A002)

3.6 Accident Reporting

The Contractor shall maintain an accurate record of and shall report all accidents to the Procurement Contracting Officer (PCO) and/or the appropriate Security Department as prescribed by OPNAVINST 5102.1E dated 23 September 2021. (CDRL A003)

3.7 Damage Reporting

The Contractor shall maintain an accurate record of and shall report to the PCO all damages to Government

Furnished Equipment and Facilities as prescribed by OPNAVINST 5102.1E dated 23 September 2021. (CDRL A004)

3.8 Contract Shipments

For all shipments, the Shipping customer service hours in Building 100 are:

Mon-Fri: 0830-1430

To make special arrangements in order to drop off outside the hours listed above, please contact the Property Management Transportation Officer.

4.0 GOVERNMENT FURNISHED PROPERTY

All GFP, if any, will be specified in the individual delivery orders.

5.0 DRAWINGS

Any applicable drawings that accompany Delivery Orders will be considered to be part of the scope of work.

6.0 SECURITY

This requirement may require access to CONTROLLED UNCLASSIFIED INFORMATION (CUI), depending on the item being purchased or fabricated.

RELEASE OF INFORMATION

(a) Release of information shall be in accordance with Section I, DFARS Clause 252.204-7000, Disclosure of Information.

(b) All technical data provided to the Contractor by the Government shall be protected from public disclosure in accordance with the markings contained thereon. All other information relating to the items to be delivered or services to be performed under this contract shall not be disclosed by any means without prior approval of the appropriate NSWC PCD authority. Dissemination or public disclosure includes, but is not limited to, permitting access to such information by foreign nationals or by any other person or entity; publication of technical or scientific papers; advertising; or any other proposed public release. The Contractor shall provide adequate physical protection to such information to preclude access by any person or entity not authorized such access by the Government.

6.1 Controlled Unclassified Information (CUI)

Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release, to include technical information, proprietary data, information requiring protection under the Privacy Act of 1974, and Government-developed privileged information involving the award of contracts. CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526, but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government, and (b) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination.

6.2 Minimum Requirements for Access to Controlled Unclassified Information (CUI)

Access to CUI, user level access to DON or DoD networks and information systems, system security and network defense systems, and to system resources providing visual access and/or ability to input, delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information, requires security clearance eligibility, based on a Tier 3 Background Investigation, and a favorable adjudication by the Defense Counterintelligence and Security Agency, Consolidated Adjudications (DCSA CAS), or Interim/Temporary access to CUI based on a determination by the NSWC PCD Security Manager based on a favorable review of an individuals completed Electronic Questionnaire for Investigation Processing (SF 86), and favorable FBI fingerprint results. Contact NSWC PCD Personnel Security (NSWCPCD_PERSEC@us.navy.mil) for initiation of the SF86 and FBI fingerprinting, the CUI determination, and validation that employees have the required eligibility, prior to providing access to CUI.

6.3 Minimum Protection Requirements for Controlled Unclassified Information

Security classification guides and unclassified limited documents (e.g., CUI, Distribution Statement Controlled) are not authorized for public release and, therefore, cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted.

6.4 CUI

CUI is a designation, not a classification. CUI is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material, which although unclassified, disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the Freedom of Information Act (FOIA). This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974, as amended. CUI must be marked, controlled and safeguarded in accordance with DoDI 5200.48, Controlled Unclassified Information (CUI)

6.5 Security of Unclassified DoD Information on Non-DoD Information Systems (DoDI 8582.01) DoD Policy

Adequate security shall be provided for all unclassified DoD information on non-DoD information systems.

Appropriate requirements shall be incorporated into all contracts, grants, and other legal agreements with non-DoD entities.

Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems, to the extent provided by the applicable contract, grant, or other legal agreement with the DoD.

Information Safeguards

Unclassified DoD information that has not been cleared for public release may be disseminated by the Contractor, grantee, or awardee to the extent required to further the contract, grant, or agreement objectives, provided that the information is disseminated within the scope of assigned duties and with a clear expectation that confidentiality will be preserved. Examples include:

a. Non-public information provided to a Contractor (e.g., with a request for proposal).

b. Information developed during the course of a contract, grant, or other legal agreement (e.g., draft documents, reports, or briefings and deliverables).

c. Privileged information contained in transactions (e.g., privileged contract information, program schedules, contract-related event tracking).

It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system. However, all unclassified DoD information in the possession or control of non- DoD entities on non-DoD information systems shall minimally be safeguarded as follows:

1. Do not process unclassified DoD information on publicly available computers (e.g., those available for use by the general public in kiosks or hotel business centers).

2. Protect unclassified DoD information by at least one physical or electronic barrier (e.g., locked container or room, logical authentication or logon procedure) when not under direct individual control of an authorized user.

3. At a minimum, overwrite media that have been used to process unclassified DoD information before external release or disposal.

4. Encrypt all information that has been identified as CUI when it is stored on mobile computing devices such as laptops and personal digital assistants, compact disks, or authorized removable storage media such as thumb drives and compact disks, using the best encryption technology available to the Contractor or teaming partner.

5. Limit transfer of unclassified DoD information to subcontractors or teaming partners with a need to know and obtain a commitment from them to protect the information they receive to at least the same level of protection as that specified in the contract or other written agreement.

6. Transmit e-mail, text messages, and similar communications containing unclassified DoD information using technology and processes that provide the best level of privacy available, given facilities, conditions, and environment. Examples of recommended technologies or processes include closed networks, virtual private networks, public key-enabled encryption, and transport layer security.

7. Encrypt organizational wireless connections and use encrypted wireless connections where available when traveling. If encrypted wireless is not available, encrypt document files (e.g., spreadsheet and word processing files), using at least application-provided password protected level encryption.

8. Transmit voice and fax transmissions only when there is a reasonable assurance that access is limited to authorized recipients.

9. Do not post unclassified DoD information to website pages that are publicly available or have access limited only by domain or Internet protocol restriction. Such information may be posted to website pages that control access by user identification and password, user certificates, or other technical means and provide protection via use of transport layer security or other equivalent technologies during transmission.

Access control may be provided by the intranet (vice the website itself or the application it hosts).

10. Provide protection against computer network intrusions and data exfiltration, minimally including:

(i.) Current and regularly updated malware protection services, e.g., anti-virus, anti-spyware.

(ii.) Monitoring and control of both inbound and outbound network traffic (e.g., at the external boundary, sub-networks, individual hosts), including blocking unauthorized ingress, egress, and exfiltration through technologies such as firewalls and router policies, intrusion prevention or detection services, and host-based security services. Prompt application of security-relevant software patches, service packs, and hot fixes.

11. Comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, Critical Program Information (CPI), personally identifiable information, export controlled) as specified in contracts, grants, and other legal agreements.

12. Report loss or unauthorized disclosure of unclassified DoD information in accordance with contract, grant, or other legal agreement requirements and mechanisms.

13. Do not use external IT services (e.g., e-mail, content hosting, database, document processing) unless they provide at least the same level of protection as that specified in the contract or other written agreement.

6.6 Operations Security

Operations Security (OPSEC) is concerned with the protection of critical information: facts about intentions, capabilities, operations, or activities that are needed by adversaries or competitors to bring about failure or unacceptable consequences of mission accomplishment.

Critical information includes information regarding:

• Operations, missions, and exercises, test schedules or locations;

• Location/movement of sensitive information, equipment, or facilities;

• Force structure and readiness (e.g., recall rosters);

• Capabilities, vulnerabilities, limitations, security weaknesses;

• Intrusions/attacks of DoD networks or information systems;

• Network (and system) user IDs and passwords;

• Movements of key personnel or visitors (itineraries, agendas, etc.); and

• Security classification of equipment, systems, operations, etc.

The Contractor, subcontractors and their personnel shall employ the following countermeasures to mitigate the susceptibility of critical information to exploitation, when applicable:

• Practice OPSEC and facilitate OPSEC awareness;

• Immediately retrieve documents from printers assessable by the public;

• Shred sensitive and Controlled Unclassified Information (CUI) documents when no longer needed;

• Protect information from personnel without a need-to-know;

• When promulgating information, limit details to that essential for legitimacy;

• During testing and evaluation, practice OPSEC methodologies of staging out of sight, desensitization, or speed of execution, whenever possible.

7.0 ANTICIPATED DELIVERABLES

Hardware and data deliverables will be specified in individual task orders issued under the contract.

Specific technical data will be ordered under CDRLs attached to individual delivery orders issued under the contract. It is anticipated that data items ordered under individual orders will be required to be prepared using standardized Data Item Descriptions (DIDs) listed in the DoD 5010.12-L, Acquisition Management System and Data Requirements Control List (AMSDL) current at the time of order issuance. It is anticipated that data deliverables prepared under this contract may be required to be delivered as either hardcopy and on electronic media or both as specified in the individual delivery orders.

8.0 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a Delivery Order, either in writing or orally.

9.0 PLACE OF PERFORMANCE

The place of performance/delivery will be designated on each delivery order.

10.0 DISTRIBUTION STATEMENT/NOTICE

Technical documents generated under the delivery order shall carry the following Distribution Limitation Statement on the cover and title page: TO BE DETERMINED ON EACH DELIVERY ORDER, IF APPLICABLE

DISTRIBUTION STATEMENT: TO BE DETERMINED ON EACH DELIVERY ORDER, IF APPLICABLE

DESTRUCTION NOTICE: TO BE DETERMINED ON EACH DELIVERY ORDER, IF APPLICABLE

DISTRIBUTION STATEMENT/NOTICE

Technical documents generated under the delivery order shall carry the following Distribution Limitation Statement on the cover and title page: TO BE DETERMINED ON EACH DELIVERY ORDER, IF

APPLICABLE

DISTRIBUTION STATEMENT: TO BE DETERMINED ON EACH DELIVERY ORDER, IF APPLICABLE

DESTRUCTION NOTICE: TO BE DETERMINED ON EACH DELIVERY ORDER, IF APPLICABLE

MINIMUM AND MAXIMUM QUANTITIES

As referred to in paragraph (b) of the “Indefinite Quantity” clause of this contract, the contract minimum quantity is a total of $10,000.00 worth of orders. The contract maximum amount is the cumulative total between all awardees not to exceed the “estimated amount” stated in the Schedule B CLIN 9001.

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)

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

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-209-H001 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (APR 2024)

(a) The First Article shall conform in every respect to the requirements of this contract. The First Article shall be manufactured with tools, materials, and methods which are the same as the tools, material and methods which will be used to manufacture the production units. All items delivered under the contract shall be manufactured under the same conditions and quality established by the First Article. Any changes to tools, material, or methods after the first article approval shall be documented by the contractor and approved by the Contracting Officer before they are used.

(b) The Contractor shall make a record of all data obtained during such tests in a form similar to the guidance provided in MIL-HDBK-831A dated 25 June 2013.

(c) Pursuant to paragraph (e) of the clause entitled "First Article Approval--Contractor Testing" (FAR 52.209-3), the First Article shall not be delivered as part of the production quantity.

(End of Text)

C-209-H002 FIRST ARTICLE (GOVERNMENT TESTING) (NAVSEA) (APR 2024)

(a) The First Article shall conform in every respect to the requirements of this contract. The First Article shall be manufactured with tools, materials, and methods which are the same as the tools, material and methods which will be used to manufacture the production units. All items delivered under the contract shall be manufactured under the same conditions and quality established by the First Article. Any changes to tools, material, or methods after the first article approval shall be documented by the contractor and approved by the Contracting Officer before they are used. The First Article shall not be delivered for first article approval tests as provided for in the clause of this contract entitled "First Article Approval--Government Testing" (FAR 52.209-4) until after the Contractor has fully tested it, at its expense, to determine compliance with said requirements.

(b) The Contractor shall make a record of all data obtained during such tests in a form similar to the guidance provided in MIL-HDBK-831A dated 25 June 2013.

(c) Pursuant to paragraph (e) of the clause entitled "First Article Approval--Government Testing", the First Article shall not be delivered as part of the production quantity.

C-209-H003 WAIVER OF FIRST ARTICLE REQUIREMENTS (NAVSEA) (OCT 2018)

If the First Article is waived by the Government, the Contractor shall deliver supplies that are identical or substantially identical to those previously accepted by the Government under the following contract(s):

(Offeror to fill in contract number(s), as applicable. See Section M)

C-211-H016 SPECIFICATIONS AND STANDARDS (NAVSEA) (OCT 2018)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements. All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only unless specifically identified below.

None

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS (NAVSEA) (MAR 2019)

(a) Commercial Supplier Agreement means End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement.

(b) Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer without hyperlinks.

(c) The contract/order Schedule and Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions—Commercial Items, shall take precedence over any conflicting provisions in a Commercial Supplier Agreement.

(d) If any requirement in the Commercial Supplier Agreement conflicts with Federal law or regulations (see FAR 12.212(a)), the following shall apply:

(i) Any such requirement is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such requirement by virtue of it appearing in the Commercial Supplier Agreement. If the Commercial Supplier Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such requirement.

(iii) Any such requirement is deemed to be stricken from the Commercial Supplier Agreement.

(e) Automatic renewals. License Agreements will expire at end of the term identified in the Purchase Order/Contract. Automatic renewals are not permitted and any such provision is void.

(f) Changes to the Commercial Supplier Agreement. Unilateral changes of the Commercial Supplier Agreement are impermissible and any requirement authorizing such changes is unenforceable. Changes must be in writing and executed by both parties to be effective.

(g) Third Part License (Embedded Software).

(i) The Contractor agrees that it has obtained all necessary licenses for the Government for any third party materials (including without limitation all Open Source licenses) provided within the product.

(ii) Contractor agrees that it complies with and shall continue to comply with all of its obligations under Third Party Licenses (including without limitation all Open Source licenses) associated with any third party materials provided within each product.

(iii) To the extent that the Government’s use of the software products licensed herein is in compliance with the Contractor’s Commercial Supplier Agreement, the Government’s use will also be in compliance with any Third Party Licenses.

(h) Audits. In lieu of any audit provisions in the Commercial Supplier Agreement, the Government agrees that, no more than once every twelve (12) months or within a reasonable time after a transfer, the Contractor shall, upon reasonable notice, have the right to require that the Government conduct an internal audit to ascertain and verify the number of licenses in use and to verify that the Government’s use of the product is in conformity with this Agreement. The Government is not required to use any tools provided by the Contractor to conduct the audit and shall not be required to pay for any tools provided by the Contractor to conduct the audit. The results of any such audit shall be kept confidential.

If verification discloses that the Government’s use is not in conformity with this Agreement, the Government agrees to resolve any noncompliance by either removing or correcting the unlicensed installation and use of the software identified by the audit as not in conformity with this Agreement.

(i) Confidentiality. Commercial Supplier Agreements’ terms and the final contract pricing may not be deemed confidential. Other marked confidential information will be appropriately guarded.

(j) Assignment. The Government shall have the right, without the prior written consent of the Contractor or its authorized resellers, to assign, reassign, or transfer software licenses among Government employees or the Government’s rights in the Contractor’s product to any governmental organization that is managed, operated, or controlled by the Government.

Such authorization includes sublicensing, and assignment or transfer among or between authorized users. In the event authorized users are reorganized or restructured such that their responsibilities and operations are transferred to another government agency, the agency shall have the right to assign the affected program licenses to a successor agency. The licensed agency and the successor agency agree to be bound to the Commercial Supplier Agreement as modified. The transferee shall be bound by the license metrics and limitations in this license. Government shall complete any documentation required by the Contractor to facilitate the transfer of this license, and continuation of support shall be the responsibility of the transferee.

For the avoidance of doubt, any assignment or transfer of licenses of the Contractor’s products is also subject to all other terms of the Commercial Supplier Agreement, as well as the Contractor’s policies governing product dependencies and version compatibility. Reassignment does not require that the license be under maintenance or support in order to execute a transfer.

(k) Litigation. Any requirement insisting that the commercial supplier or licensor control any litigation arising from the government’s use of the contractor’s supplies or services is deleted and unenforceable.

(l) Equitable Remedies. Equitable remedies, injunctive relief, and binding arbitration requirements shall not be enforced unless explicitly authorized by agency guidance or statute.

(m) Venue. Any claim or dispute shall be resolved under the Contract Disputes Act and FAR 52.233-1. The forum for resolution of disputes and applicable statutes of limitation shall be governed by federal law.

(n) Applicable law. In accordance with FAR 52.233-4, United States law shall apply to resolve any claim of breach of this contract and such actions shall be handled in the applicable Federal court of jurisdiction.

C-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with the detailed obligations to which the Contractor committed itself in Proposal dated in response to Solicitation No.

N61331-24-R-0012.

(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following "the specifications" in the order of precedence.

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A, attached hereto.

C-233-H001 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT--BASIC (NAVSEA) (OCT 2018)

(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work.

Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) Description of work necessary to undo work already completed which has been deleted by the change;

(3) Description of work not required by the terms hereof before the change, which is substituted or added by the change. A list of components and equipment (not bulk materials or items) involved should be included. Separate descriptions are to be furnished for design work and production work;

(4) Description of interference and inefficiencies in performing the change;

(5) Description of each element of disruption and exactly how work has been, or will be disrupted:

(i) The calendar period of time during which disruption occurred, or will occur;

(ii) Area(s) aboard the vessel where disruption occurred, or will occur;

(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;

(iv) Scheduling of trades before, during, and after period of disruption;

(v) Description of measures taken to lessen the disruptive effect of the change;

(6) Delay in delivery attributable solely to the change;

(7) Other work attributable to the change;

(8) Supplementing the foregoing, a narrative statement of the direct "causal" relationship between any alleged Government act or omission and the claimed consequences therefor, cross-referenced to the detailed information provided as required above; and

(9) A statement setting forth a comparative enumeration of the amounts "budgeted" for the cost elements, including the material costs, labor hours and pertinent indirect costs, estimated by the Contractor in preparing its initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred and/or projected to be incurred corresponding to each such "budgeted cost" elements.

(c) Each proposal in excess of $100,000 submitted in support of a claim for equitable adjustment under any requirement of this contract shall, in addition to the information required by paragraph (b) hereof, contain such information as the Contracting Officer may require with respect to each individual claim item.

(d) It is recognized that individual claims for equitable adjustment may not include all of the factors listed in paragraph

(b) above. Accordingly, the Contractor is required to set forth in its proposal information only with respect to those factors which are comprehended in the individual claim for equitable adjustment. In any event, the information furnished hereunder shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, submitted pursuant to paragraph (c) of this requirement, with the information submitted pursuant to paragraph (b) hereof.

C-239-W001 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) ACCESSIBILITY

STANDARDS/SECTION 508 COMPLIANCE (NAVSEA) (OCT 2018)

(a) Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for product(s)/service(s) procured under this solicitation.

(b) Each Electronic and Information Technology (EIT) item or service provided under this contract shall comply with the EIT Accessibility Standards listed below:

_____ 36 C.F.R. § 1194.21 - Software applications and operating systems _____ 36 C.F.R. § 1194.22 - Web-based and internet information and applications _____ 36 C.F.R. § 1194.23 - Telecommunications products _____ 36 C.F.R. § 1194.24 - Video and multimedia products _____ 36 C.F.R. § 1194.25 - Self-contained, closed products _____ 36 C.F.R. § 1194.26 - Desktop and portable computers _____ 36 C.F.R. § 1194.31 - Functional Performance Criteria _____ 36 C.F.R. § 1194.41 - Information, Documentation, and Support

(c) For more information on Voluntary Product Accessibility Template (VPAT) and Government Product/Service Accessibility Template (GPAT) please refer to: http://www.buyaccessible.gov/ or http://www.section508.gov/content/sell/vpat.

(d) The Contractor shall comply with the VPAT or GPAT document submitted. If the Contracting Officer determines that any item or service delivered under this contract does not comply with the EIT Accessibility Standards, the Contracting Officer will notify the Contractor in writing accordingly. If the Contractor fails to promptly correct or replace the nonconforming products or services with conforming products or services within the delivery schedule contained in the contract, the Government will have the rights and remedies contained in the basic contract.

C-242-H001 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (OCT 2018)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded.