N63394-15-R-0008_CMTS_RFP_Conformed_Amendment.R.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30‐105‐04EXCEPTION TO SF 30

APPROVED BY OIRM 11‐84

STANDARD FORM 30 (Rev. 10‐83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose for this modification is to incorporate changes to the solicitation. As a result of this amendment, the solicitation period is hereby extended until April 13, 2015 at 4:00 PM PST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 90

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N63394-15-R-0008

X 9B. DATED (SEE ITEM 11)

15-Jan-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

A02

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

01-Apr-2015

CODE

NSWC, PORT HUENEME DIVISION

4363 MISSILE WAY,

PORT HUENEME CA 93043-4307

N63394 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

This amendment is a conformed copy. Changes are highlighted and marked.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each First Article Test - CMTS 2015

FFP

Fabricate, assemble and conduct First Article Acceptance resulting in the delivery of one (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to CDRL's for item and data requirements.

FOB: Destination Origin

DWG NR: 8410135

NET AMT

0002 Lot Contract Data Requirements (CDRLs)

FFP NSP

Prepare and maintain data in accordance with the SOW and CDRLs. Refer to the data items delivery schedule requirements.

(NOT SEPARATELY PRICED)

CLIN(s) 0001 and 0003 through 0011 in accordance with the Statement Of Work (SOW) Paragraph(s) , CDRL(s) A001 thru A005, and applicable DID(s). The Government shall have unlimited rights to all Data/Tech Data generated under this effort IAW DFARS 252.227-7013., unless an assertion is provided and accepted by the Government with the offer IAW DFARS 252.227-7017. The price/costs for all data/tech data generated by the contractor directly or indirectly in its performance of this procurement effort is included in the price/costs paid by the Government under CLIN(s) FOB: Origin Destination

See Exhibit A

0003 1 Each Production - CMTS Set FY 2015

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to CDRL's for item and data requirements.

FOB: Destination

0004 1 Each OPTION Production - CMTS Set FY 2016

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

0005 1 Each OPTION Production - CMTS Set FY 2016

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

0006 1 Each OPTION Production - CMTS Set FY 2016

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

ITEM NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Each OPTION Production - CMTS Set FY 2016

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

0008 1 Each OPTION Production - CMTS Set FY 2016

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

0009 1 Each OPTION Production - CMTS Set FY 2017

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

0010 1 Each OPTION Production - CMTS Set FY 2017

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

0011 1 Each OPTION Production-CMTS Set FY 2017

FFP

Production Phase: Fabricate, assemble and deliver (1) each: Combined Missiles Test Set (CMTS) for the Vertical Launching Systems (VLS) in accordance with Section C., Statement of Work (SOW) and Technical Data Package. Refer to

CLAUSES INCORPORATED BY FULL TEXT

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) (Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name Manufacturer's Name Source's Name Item Name Service Identification Test Number (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not in itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract.

This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate the contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interests, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award..

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses & Provisions: http://farsite.hill.af.mil/vffara.htm DFARS Clauses & Provisions: http://farsite.hill.af.mil/vfdfara.htm NMCARS Clauses & Provisions: http://farsite.hill.af.mil/vfnapsa.htm

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(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 $500 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. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

(End of Text)

HQ B-2-0009 NOTE (CDRL)

NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data Requirements List(s), attached hereto.

HQ B-2-0010 NOTE (OPTION)

NOTE B - Option item (s) SLINs 1003, 2003 and 3003 CLIN 0004 through 0011 to which the option clause in SECTION I applies and which is to be supplied only if and to the extent said option is exercised.

HQ B-2-0016 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING

OF PAYMENT (NAVSEA) (SEP 1990)

(a) For the purpose of paragraph (c) of the "PROGRESS PAYMENTS" clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a "material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.

(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "TECHNICAL DATA--WITHHOLDING OF PAYMENT" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "LIMITATION ON WITHHOLDING OF PAYMENTS (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

HQ B-2-0017 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA)

(SEP 1990)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor.

Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid.

If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1).

(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

HQ B-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

MK 680 MOD 3 COMBINED MISSILE TEST SETS (CMTS)

N63394-15-R-0008

1.0 SCOPE

The Contractor shall be responsible for the satisfactory and timely performance of all tasks defined in the Statement of Work (SOW).

This SOW describes the total requirements for the procurement, fabrication, assembly, test, final acceptance and delivery of Vertical Launching System (VLS) Combined Missile Test Set (CMTS) units.

2.0 APPLICABLE DOCUMENTS

The following documents, of the issue indicated, form a part of this SOW to the extent specified herein; including all applicable terms, conditions, clauses, Attachments and Exhibits. Government documents are provided in the Technical Data Packages (TDP), which will be provided as Government Furnished Information (GFI).

2.1 Government Documents

PART

NUMBER

NOMENCLATURE QUANTITY

8410135 CMTS MK 680 Mod 3 10

2.2 Government Furnished Materials (GFM)

The Government will furnish the following CCAs and associated quantity per CMTS:

1) Accessory CCA, P/N 7538942, quantity 2

2) Switching CCA, P/N 7538943, quantity 8

3) Coax CCA, P/N 7538944, quantity 2

4) Power Board CCA, P/N 7538945, quantity 2

5) ESSM FIB CCA, P/N 7538968, quantity 1

The GFM will be provided 90 days after issuance of contract award

3.0 REQUIREMENTS

The Government requires manufacturing of CMTS and associated equipment in accordance with the documents specified above. All associated equipment produced shall meet all form, fit, and function requirements in accordance with the TDP and associated specifications.

The Contractor shall fabricate, assemble, inspect, test, and deliver the CMTS Units, spare parts and associated equipment in accordance with technical drawings and specifications identified in TDP.

All technical drawings and specifications used for the procurement, fabrication, assembly, test, final acceptance and delivery of CMTS and associated equipment shall be of the revision, notice of revision (NOR) and specification change notice (SCN) level identified in the Indentured Breakdown List (IBL), with the TDP.

The Contractor shall fabricate, procure and assemble all necessary tooling and test equipment to manufacture, test and dimensionally inspect parts, components, subassemblies and assemblies.

3.1 First Article Inspection

The Contractor shall perform First Article Inspection (FAI) of CMTS assemblies, subassemblies, components & detail parts. The FAI purpose is to provide objective evidence that all technical data package and specification requirements are correctly understood, accounted for, verified, and recorded.

The Government reserves the right to witness all FAI activities. The Contractor shall maintain a comprehensive schedule of FAI events that includes date, time, expected duration and location and shall notify the Government at least 5 working days prior to the first event.

The Contractor shall generate FAI reports (CDRL A001) and shall retain the FAI reports for at least 7 years. The Government retains the right to examine all FAI reports at any time in the future. The Contractor shall provide an electronic copy of the FAI Report within 5 working days from date of Government request.

All deficiencies discovered during the FAIs that affect form, fit, function or performance shall be corrected at Contractor’s expense prior to unit delivery to the Government.

3.2 Physical Configuration Audit

The Government will perform a Physical Configuration Audit (PCA) of the first CMTS assembly built.

The PCA purpose is to verify the as-built configuration matches its technical documentation and to validate supporting processes. The Contractor shall ensure qualified engineering, technical, manufacturing, administrative, management and other support as necessary for these Government audits. Technical personnel shall be required to have necessary tools, measuring devices and other equipment necessary for equipment disassembly, dimensional & tolerance verification and performance verification. The contractor shall ensure an area for audit conduct that is well illuminated, temperate and low noise level. The audit work area shall contain worktables, print copies of all pertinent drawings, telephone and easy access to a copy machine.

The contractor shall show during the PCA, at a minimum, individual parts that make up the configuration item, completed assembly(s), an as-built list delineating all Engineering Change Proposal (ECPs) (either requested or approved), hardcopies of production specifications and technical drawings, complete shortage list, manufacturing instructions, acceptance test procedures and data, purchase order documents and associated certificates of conformance from suppliers or appropriate documents indicating compliance with material or drawing requirements, The audits will be conducted at the Contractor or subcontractor facility by NSWC PHD personnel and/or by other Government designated representatives.

Each audit will be performed after assembly completion (including acceptance testing). For planning purposes, each complete PCA will require approximately 5 days for audit conduct, and two days for post audit close-out efforts.

Following the conduct of the PCA, the contractor shall generate the necessary documentation to resolve all audit findings (CDRL A002) within the time frame specified by the Navy PCA lead. This documentation shall be evaluated by the PCA team to assess the corrective action taken to close each audit finding.

All deficiencies discovered during the PCA’s that affect form, fit, function or performance shall be corrected at Contractor’s expense prior to unit delivery to the Government.

4.0 PRODUCTION READINESS REVIEW

A Preliminary and a Final Production Readiness Review (PRR) will be conducted by the Government to assure the Contractor has accomplished adequate production planning and preparations to produce CMTS Units, spare parts and associated equipment that meet performance requirements in accordance with the contract schedule and without unacceptable risks.

The preliminary PRR shall be conducted 30 days after award of contract, and the final PRR shall be conducted no later than 60 days after the preliminary PRR.

The Contractor shall demonstrate the ability to manufacture and test the CMTS, spare parts and associated equipment by showing various artifacts to include, but not be limited to, Manufacturing, Testing, Quality Assurance, Configuration Management, Calibration, and Supplier Management Plans. Policies, procedures, processes & plans demonstrating production processing & fabrication capability, facilities & equipment capacity, production scheduling, manpower resources & training, supplier management, parts & material procurement and shop loading will also be required. On-Site examination of the above objective evidence, as well as examination of the manufacturing equipment and facility, review of support functions/groups, and interviews with project personnel, are all integral parts of the PRR. Processes must be able to produce repeatable conforming hardware within the time constraints of the contract. During the PRR, the Contractor shall be prepared to discuss manufacturing & procurement planning status, issues, problems, risks and schedules associated with the production program, and make available requested supporting objective evidence.

A successful review is predicated on the Government’s determination that there are no unacceptable risks, performance & quality requirements are fully met in the production configuration, and production capability demonstrates a satisfactory basis for proceeding into production. The Government in its sole discretion will determine whether the PRRs are successful.

The Government will provide a report summarizing the proceedings and identifying deficiencies and issues, as applicable. The Contractor shall respond within 30 working days addressing all identified deficiencies and issues, and shall ensure corrective actions are identified.

5.0 FIRST ARTICLE TEST

The Contractor shall perform a First Article Test (FAT) of CMTS assemblies and subassemblies to demonstrate the as-built units under test will pass the applicable Prime Item Development Specification, WS 20313, or other specified performance requirements.

The Contractor shall be responsible for all aspects of test planning, conduct and reporting, including, as a minimum, a test plan, a test report, fixtures, support equipment and apparatus, instrumentation, test site, test equipment, personnel, safety and posttest asset disposition.

The Contractor shall convene a Test Readiness Review (TRR) at least 5 working days prior to each FAT event.

Multiple FAT events may be reviewed during a single TRR. The TRR shall be chaired by the Contractor and co-chaired by the Government. Additional Government subject matter experts will attend each TRR.

The Government reserves the right to witness all FAT activities. The Contractor shall maintain a comprehensive schedule of FAT events that includes date, time, expected duration and location, and shall notify the Government at least 5 days prior to the first event.

The Government shall provide an Acceptance Test Requirement (ATR) to the Contractor for each FAT at least 5 days prior to each FAT.

The Contractor shall provide a quick look test report (CDRL A004) to the Government within 5 working days after completion of a FAT event. The quick look report shall provide an initial assessment of the unit under test performance and shall describe all apparent anomalies.

The Contractor shall provide a final report (CDRL A0005) to the Government with 5 working days after a FAT event. The report shall include the Contractor’s detailed plan to resolve all performance discrepancies revealed during the FAT.

All deficiencies discovered during the FATs that affect form, fit, function or performance shall be corrected at Contractor’s expense prior to any production unit delivery to the Government.

The test, test item and test objective are identified in the TDPs.

6.0 TECHNICAL DATA REVIEWS, QUALITY AUDITS

During the performance of the contract, the Government shall have the right to perform technical data reviews and quality audits consisting of evaluation of records, processes and products to verify the Contractor's compliance with the respective quality programs. The Government audits will include evaluation of effectiveness in implementing the Contractor's and subcontractors' or suppliers' audit programs to promote prevention of defects, which includes schedule of audits, evaluation of operations, notification of required corrective action with follow-up and means of notification to top management concerning audit results.

7.0 GOVERNMENT INSPECTION

The Contractor shall ensure technical, administrative, and management support for Government Source Inspection (GSI) for purposes of inspection and acceptance of supplies and services provided by the Contractor, subcontractor and suppliers. GSI will be conducted at the convenience of the Government.

8.0 TECHNICAL DATA RIGHTS

The Government shall maintain the Government owned Technical Data Package(s) (TDP). Proposed changes to the TDP shall be submitted by the Contractor to the Government. The Government shall retain unlimited rights to all versions of and changes to all drawings, specifications and other documents for the Module, LSEQ and CAVE ATEs and associated equipment produced under this contract.

The TDP includes the technical drawings, associated parts lists and applicable Weapons Specifications for the CMTS, spare parts and associated equipment. Commercial part (NAS, MS, etc.) drawings that do not have a NAVSEA seven-digit part number will not be provided as part of the TDP. The Contractor shall be responsible for obtaining these drawings.

NOTICE: Those drawings and any associated software, data, documents, or other information have been created, developed, and/or modified by the Naval Surface Warfare Center. Those drawings are unclassified and are the property of the United States Government as represented by the Secretary of the Navy. The recipient hereof may not use this for any purpose other than a "Government Purpose" as defined in DFARS 252.227-7013(a)(12) and may not distribute to any other person or entity without the express written permission of Program Executive Office

Integrated Warfare Systems (PEOIWS), ATTN PEOIWS3L, or higher authority."

8.1 SECURITY LEVEL

The drawings are unclassified and are the property of the United States Government.

9.0 MANUFACTURING PROCESSES

The Contractor shall maintain and control manufacturing processes to fabricate, assemble, inspect, test, and deliver CMTS, spare parts and associated equipment as described in the SOW. The processes shall cover all phases from the ordering of raw materials to Government acceptance of the finished product. All components shall be manufactured in accordance with the drawings and specifications referenced in the TDP and this SOW.

10.0 TESTING, INSPECTION AND ACCEPTANCE

Testing and inspection of the CMTS, spare parts, and associated equipment shall be performed at the contractor's facility in accordance with the applicable drawings, standards & specifications and factory test & inspection plans.

The Contractor shall assure that all such testing and inspections required for acceptance are satisfactorily performed.

Specific written inspection and test procedures shall be prepared for each inspection and test operation to be performed by the Contractor. These inspection and test procedures shall be reviewed by the quality assurance organization, and maintained current in accordance with the change control system requirements. The Inspection and test procedures shall clearly identify the item through part number with revision and nomenclature, and include detail instructions and/or operations to be performed.

The Contractor shall maintain records of inspection results and quantitative test data for each deliverable end item and make them available to the Government upon request.

11.0 Counterfeit Parts and Materials

The following minimum processes shall be implemented and flowed down by the Contractor to all subcontractors In order to minimize the risk of use of counterfeit parts in CMTS, spare parts and associated equipment.

The contractor shall establish processes to minimize the risk of procuring and using counterfeit parts and materials.

The contractor shall document these processes and make available those documented processes to Government representatives upon request. These processes shall include:

The Contractor shall maximize the use of authentic, originally designed and/or qualified parts The contractor shall assess potential sources of supply to minimize the risk of receiving counterfeit parts or materials

The contractor shall have purchasing procedures which confirm whether a selected supplier is authorized for each purchase The following minimum set of procedures shall be implemented for all hardware and flowed down to all subcontractors.

The contractor shall define minimum inspection and test requirements for parts being procured and shall ensure that in-house, third-party, and/or supplier inspection and test procedures and facilities comply with these requirements. These minimum inspection and test requirements shall specify appropriate test methods to detect potential counterfeit parts and materials

The contractor shall require a certificate of compliance and supply chain traceability for all electronic part purchases The contractor shall use government or industry services such as GIDEP and other commercially available services to identify part or supplier quality or authenticity problems The contractor shall flow the requirements above to subcontractors supplying parts

The Contractor shall notify NSWC PHD of the occurrence of a confirmed counterfeit part or material and the actions taken to identify, contain, and impound all product from the lot, within 7 working days of confirmation of the counterfeit status. The Contractor shall flow down a requirement for similar notification from subcontractors to the Contractor. The contractor shall initiate and submit an ALERT to the Government-Industry Data Exchange Program (GIDEP) within 60 days of knowledge of the counterfeit part or material.

Counterfeit parts may be electronic or mechanical in nature. Counterfeit electronic parts may typically be used parts which have been refurbished and represented as new. Commonly counterfeited electronic parts include parts such as microcontrollers or specially screened devices, or common parts, which have several pin-compatible versions from multiple manufacturers, such as memory devices and operational amplifiers. Counterfeit mechanical parts are typically improperly made, marked, or treated products. Examples are improper anodizations or heat treatments (or falsified data), mismarked parts sold as a higher grade steel, or used/fake parts such as valves or circuit breakers.

An authorized supplier is a supplier authorized by the original component manufacturer to buy parts or materials directly from the manufacturer. Parts provided from authorized suppliers typically have never left the manufacturer’s authorized supply chain, and are accompanied by full manufacturer support and warranty.

12.0 SHIPPING AND PACKAGING

The Contractor shall clean, preserve, package, pack and mark all equipment procured hereunder in accordance with "Level B Packaging and Packing" of Military Specification MIL-STD-2073-1E or the latest revision as of the date of the contract.

13.0 ENVIRONMENTAL COMPLIANCE AND REGULATIONS

13.1 Environmental Law and Regulations

The Contractor shall comply, and ensure that all subcontractors comply, with all applicable environmental federal, state, and local laws and regulations and Navy policies, instructions and ISO 14000 Environmental Management Systems Standards.

13.2 Hazardous Waste and Material Control/Handling

The Contractor shall comply with all applicable Navy instructions for handling and control of hazardous waste.

HQ C-1-0001 ITEMS(S) CLIN 0002 - DATA REQUIREMENTS (NAVSEA) (SEP 1992)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A001, A002, A003, A004 and A0005, attached hereto.

HQ C-1-0007 ITEM(S) CLIN 0002 - PROVISIONING TECHNICAL

DOCUMENTATION (NAVSEA) (FEB 1994)

The Provisioning Technical Documentation (PTD) shall be in accordance with the Provisioning Requirements Statement (PRS), including NAVSEA Addendum for PTD Requirements dated January 1993, the Provisioning Performance Schedule and the Contract Data Requirements List, DD Form 1423, Exhibits A001, A002, A003, A004 and A0005, , attached hereto..

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE

(NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer.

The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer;

(3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venture, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0008 ASSIGNMENT AND USE OF NATIONAL STOCK NUMBERS

(NAVSEA) (MAY 1993)

To the extent that National Stock Numbers (NSNs) or preliminary NSNs are assigned by the Government for the identification of parts, pieces, items, subassemblies or assemblies to be furnished under this contract, the Contractor shall use such NSNs or preliminary NSNs in the preparation of provisioning lists, package labels, packing lists, shipping containers and shipping documents as required by applicable specifications, standards or Data item Descriptions of the contract or as required by orders for spare and repair parts. The cognizant Government Contract Administration Office shall be responsible for providing the Contractor such NSNs or preliminary NSNs which may be assigned and which are not already in possession of the Contractor.

Section D - Packaging and Marking

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

HQ D-1-0001 DATA PACKAGING LANGUAGE

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.

HQ D-2-0004 IDENTIFICATION MARKING OF PARTS (NAVSEA) (NOV 1996)

Identification marking of individual parts within the systems, equipment, assemblies, subassemblies, components, groups, sets or kits, and of spare and repair parts shall be done in accordance with applicable specifications and drawings.

To the extent identification marking of such parts is not specified in applicable specifications or drawings, such marking shall be accomplished in accordance with the following:

(1) Parts shall be marked in accordance with generally accepted commercial practice.

(2) In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.

HQ D-2-0007 MARKING AND PACKING LIST(S) - ALTERNATE I (NAVSEA)

(MAR 2001)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with MIL-STD- 129N dated 5 May 1997.

(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment in accordance with the above cited MIL-STD. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items.

Where DD Form 1348-1 or DD Form 1348-1A is applicable and an assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped.

The master packing list shall be attached to the number one container and so identified.

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number. Refer to the above cited MIL-STD for marking of assorted (related-unrelated) items.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Destination Government 0002 Origin Destination Government Destination Government 0003 Origin Destination Government Destination Government 0004 Origin Destination Government Destination Government 0005 Origin Destination Government N/A Destination Government 0006 Origin Destination Government N/A Destination Government 0007 Origin Destination Government N/A Destination Government 0008 Origin Destination Government N/A Destination Government 0009 Origin Destination Government N/A Destination Government 0010 Origin Destination Government N/A Destination Government 0011 Origin Destination Government N/A Destination Government 0012 Origin Government Destination Government 1203 Origin Government Destination Government 2203 Origin Government Destination Government 3203 Origin Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

HQ E-1-0003 INSPECTION AND ACCEPTANCE LANGUAGE FOR F.O.B. DESTINATION

DELIVERIES

Item(s) CLINs 0001-0011- Inspection and acceptance shall be made at destination by a representative of the Government.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 110 dys. ADC 1 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

NBVC, BUILDING 801

3350 PATTERSON ROAD

PORT HUENEME CA 93043-4711

N63394

0002 N/A N/A N/A

0003 135 dys. ADC 1 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

NBVC, BUILDING 801

3350 PATTERSON ROAD

PORT HUENEME CA 93043-4711

0004 135 dys. ADC 30-Sep-2016 1 (SAME AS PREVIOUS LOCATION)

0005 135 dys. ADC 30-Sep-2016 1 (SAME AS PREVIOUS LOCATION)

0006 135 dys. ADC 30-Sep-2016 1 (SAME AS PREVIOUS LOCATION)

0007 135 dys. ADC 30-Sep-2016 1 (SAME AS PREVIOUS LOCATION)

0008 135 dys. ADC 30-Sep-2016 1 (SAME AS PREVIOUS LOCATION)

0009 135 dys. ADC 30-Sep-2017 1 (SAME AS PREVIOUS LOCATION)

0010 135 dys. ADC 30-Sep-2017 1 (SAME AS PREVIOUS LOCATION)

0011 135 dys. ADC 30-Sep-2017 1 (SAME AS PREVIOUS LOCATION)

0012 30 dys. AFATA 0 (SAME AS PREVIOUS LOCATION)

1203 N/A N/A N/A N/A

2203 N/A N/A N/A N/A

3203 N/A N/A N/A N/A

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999

HQ F-2-0003 DATA DELIVERY LANGUAGE FOR SERVICES ONLY

PROCUREMENTS

SEP 2014

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

March 1, 2015

Within Days _______

After Date ________

Item No. Quantity of Contract

CLIN 0001 _________

CLIN 0002 _________

CLIN 0003 _________

Item No. Quantity of After Date of Award Contract Refer to Section I, FAR Clause 52.217-7 NAVSEA Variation for comprehensive schedule

Item Number Quantity Fiscal Year

0001 1 2015

0002 CDRLS/Data --

0003 1 2015

0004 1 2016

0005 1 2016

0006 1 2016

0007 1 2016

0008 1 2016

0009 1 2017

0010 1 2017

0011 1 2017

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

__CLIN 0001 CLIN 0002 _ _CLIN 0003 _____

Item No. Quantity of Contract

CLIN 0001 CLIN 0002 , CLIN 0003, CLIN 0004

CLIN 0005 CLIN 0006 CLIN 0007 CLIN 0008

CLIN 0009 CLIN 0010 CLIN 0011

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of TBD per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the…