RFQ_N63394-17-Q-0005.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

DO-C9N6339417Q0005 25-Jul-2017

5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

NAVAL SURFACE WARFARE CENTER

PORT HUENEME DIVISION 4363 MISSILE WAY

PORT HUENEME CA 93043-4307

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

01-Aug-2017(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

805-228-0608TERREN LEE JO

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

Procurement Number N63394-17-Q-0005

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

MULTI-STANDARD MISSILE ECHO UNIT (MSMEU)

Procurement Number N63394-17-Q-0005

N6339417Q0005

1 Scope

1.1 This SOW describes the total requirements for the procurement, fabrication, assembly, test, final acceptance and delivery of Multi-Standard Missile Echo Unit

(MSMEU).

2 Government Furnished Property / Information

2.1 The Government will provide Government Furnished Equipment (GFE) and Government Furnished Information (GFI) for this Contract. All GFI shall be returned to the Government before the Contract ends. The Contractor shall retain no rights to the GFI or any derivatives thereof. The GFE will include see Attachment A - MSMEU GFE. The GFI will include see Attachment B - MSMEU

GFI.

2.2 Statements

2.2.1 IT-II: LIMITED PRIVILEGE, SENSITIVE INFORMATION ACCESS: SECNAV M-

5510.30, the Navy Personnel Security Program Manual, Chapter 6, Section 6-6, Paragraph 2b and 2c, as well as Homeland Security Presidential Directive 12 (HSPD-12) and United States Office of Personnel Management Memorandum, Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12 dated 31 July 2008, the Contractor shall ensure that all individuals performing work on behalf of the government have a current, favorably adjudicated Background Investigation (BI) of the appropriate level.

Individuals that require IT-II level access to sensitive DoD and DoN IT systems require a favorable adjudication of a Position of Trust Single Scope Background Investigation (PT/SSBI) and individuals that require IT-II level access require a favorable adjudication of a Position of Trust National Agency Check with Inquiries (PT/NACLC). Requests for position of trust background investigations must be submitted to OPM by the NSWC PHD Security Office. Point of contact is the Personnel Security Specialist, (805) 228-7196.

2.2.2 NOTICE: Those drawings and any associated 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 the Government.

3 REQUIREMENTS

3.1 General requirements

3.1.1 The Contractor shall fabricate, assemble, inspect, test, and deliver the MSMEUs in accordance with technical drawings and in accordance with the contents of this

SOW.

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

3.2 Manufacturing processes

3.2.1 The Contractor shall maintain and control manufacturing processes to fabricate, assemble, inspect, test, and deliver MSMEUs 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.

3.3 Testing, inspection and acceptance

3.3.1 The Contractor shall perform testing and inspection of the MSMEUs at 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.

3.4 Drawings

3.4.1 GFI in the form of drawings for the MSMEU will be provided by the Government (see Attachment B - MSMEU GFI).

3.4.2 All Gerbers, schematics, drawings of any kind and any additional related files generated by the Contractor are to be considered Government property and will be delivered to the Government prior to the end of the contract without limitations.

3.4.3 The Contractor shall provide all files necessary to manufacture the MSMEU on CD/DVD’s, clearly marked as MSMEU data. The CD/DVD’s shall also include the following statement: “REPRODUCTION AND DISTRIBUTION

OF THIS TECHNICAL INFORMATION IS AUTHORIZED FOR U.S.

GOVERNMENT PURPOSES”

3.4.4 The Contractor shall manufacture and assemble all components to the specifications of the Drawings provided as GFI (see Attachment B - MSMEU

GFI).

3.5 Counterfeit parts and materials

3.5.1 The Contractor shall implement procedures to minimize the risk of procuring and/ or using counterfeit parts and materials. Counterfeit parts may typically be used parts which have been refurbished and represented as new. These parts may or may not contain authentic components, and will often pass most if not all of the performance requirements and specifications. However, the part reliability may have been compromised during removal, handling, or remarking, and a reduced life can be expected. Counterfeit mechanical parts are typically improperly made, marked, or treated. Examples are improper anodize or heat treatments (including falsified data), mismarked parts sold as a higher grade material, or used parts such as fasteners and sockets.

3.5.2 Solicitations and subcontracts for all suppliers shall contain a requirement for procedures to minimize the risk of procuring and / or using counterfeit parts and materials.

3.6 Shipping and packaging

3.6.1 All materials shall be packaged using best commercial practices. The outside of all shipping containers shall be marked with the delivery order number and shipped to the address below:

Attn: David Danielson, Code L44, d 7/805-228-8106 4363 Missile Way Port Hueneme, CA 93043-4307

3.7 Delivery

3.7.1 The Contractor shall deliver materials to the Government via traceable means by the dates provided in the delivery order. Inspection and acceptance will be performed at the Naval Surface Warfare Center Port Hueneme Division. All materials shall be delivered with transportation prepaid and FOB Destination.

The Government reserves the right to inspect and accept all materials up to 15 calendar days after receipt. Estimated delivery time is 10 to 14 weeks ARO.

3.8 Environmental compliance and regulations

3.8.1 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.

3.9 Hazardous waste and material control/handling

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

3.10 Specific requirements

3.10.1 First Article Test

3.10.1.1 The Contractor shall perform First Article Testing (FAT) of 3 MSMEUs designated assemblies and subassemblies to demonstrate the as-built units under test will pass.

3.10.1.2 The Contractor shall submit a report, for each MSMEU, showing that it passed testing.

3.10.1.3 The Contractor shall deliver 3 FAT MSMEUs to the Government NLT 90 days after receiving the GFE (see Attachment A - MSMEU GFE).

3.10.1.4 Testing will be done by the Government within 2 weeks of receiving FAT MSMEU delivery.

3.10.1.5 The FAT MSMEUs will have to successfully pass 9 launches out of the VLS.

3.10.1.6 If any of the FAT MSMEUs does not pass testing, they will then be shipped back to the Contractor for rework. The Contractor will be responsible for the shipping charges.

3.10.1.7 The Government will accept a maximum of 3 failures per FAT MSMEU before the Government deems the FAT a failure.

3.10.1.8 Once each of the 3 FAT MSMEUs have passed 9 successful launches, NSWC PHD will ship any and all remaining GFE (see Attachment A - MSMEU GFE) and contact the Contractor with ATP for the remaining 17 units.

3.10.1.9 The Contractor shall deliver the remaining 17 MSMEUs within 120 days of receiving the ATP.

4 TECHNICAL DATA RIGHTS

4.1 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 MSMEUs produced under this contract.

4.2 The contractor shall prepare the updated drawings, specifications and any other documents.

5 APPENDICES

5.1 Appendix A - List of acronyms and abbreviations

5.1.1 The following acronyms appear in this requirement may be encountered in this solicitation or in the performance of this requirement. This is not an exhaustive list. Acronyms that may not be defined in the body of the requirement are defined here.

Acronyms and Abbreviations

ATP Authority to Proceed BI Background Investigation FAT First Article Test GFE Government Furnished Equipment GFI Government Furnished Information HSPD Homeland Security Presidential Directive MSMEU Multi-Standard Missile Echo Unit PT/NACLC Position of Trust National Agency Check with Inquiries PT/SSBI Position of Trust Single Scope Background Investigation SOW Statement of Work TDP Technical Data Package VLS Vertical Launching System

NON-COMMERCIAL SOLICITATION

NOTE 1: Naval Surface Warfare Center, Port Hueneme Division intends to enter into a Firm Fixed Price contract for the requirement contained within this solicitation. The associated North American Industrial Classification

System (NAICS) code for this procurement is 335999 with a small business size standard of 500 employees. This requirement is a Total Small Business Set-Aside and only qualified offerors may submit quotes.

NOTE 2: All questions regarding this solicitation should be submitted in writing as soon as practicable after receipt of solicitation. Email questions to terren.jo@navy.mil. Questions shall be submitted via email no later than 2:00 PM

PST on the third (3rd) calendar day preceding the closing date shown on page one (1) of this solicitation.

NOTE 3: If you cannot meet the requested delivery date, replace with your availability. All line items must state unit price and extended price. Quote quantities as stated in this RFQ. Provide a summation of price for the total effort. Contractor quote format is acceptable, so long as it complies with the requirements of this solicitation.

NOTE 4: Failure to provide all required information from this solicitation and any subsequent amendment(s) may deem your company to be considered non-responsive.

NOTE 5: Freight charges shall be included in the unit price.

NOTE 6: Quotes must be submitted in portable document format (.pdf) by email to the Primary Point of Contact

(POC) identified below. It is the responsibility of the offeror to submit offers to the POC at NSWC PHD by the closing date identified on page one (1) of this solicitation.

NOTE 7: Bids must be good for a minimum of 60 calendar days after close of buy. Terms are Net 30.

NOTE 8: To be eligible for award of a Government contract, contractors must be properly registered in the System for Award Management (SAM). The link to the website is https://www.sam.gov.

NOTE 9: COMPLIANCE WITH SPECIFICATIONS

In order to ensure compliance with all the specification requirements, the contractor shall indicate in its offer, and notify the Government in a cover letter, what specifications, if any the Offeror does not intend to meet. The Offeror shall explain, in detail, how any proposed deviation/exception will nonetheless meet the Government's functional requirements. Should descriptive literature be supplied by the Offeror, it will be presumed that the Offeror intends to meet all of the specifications, regardless of the descriptive literature, unless the Offeror specifically notes its exceptions.

It shall be the obligation of the contractor to exercise due diligence to discover and to bring to the attention of the contracting officer at the earliest possible time, in writing, any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

NOTE 10: All changes to the requirement that occur prior to the closing date will be posted to FedBizOpps. It is the responsibility of interested vendors to monitor FedBizOpps for amendments that may be issued to this solicitation.

For changes made after the closing date, only those Offerors that provide a proposal will be provided any changes/amendments and considered for future discussions and/or award.

NOTE 11: Award will be made to the lowest priced, technically acceptable, responsive and responsible Offeror.

This is a competitive LPTA selection in which technical acceptability is considered the most important factor. By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offers, with satisfactory past performance, shall be treated equally except for their prices. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale. The Government intends to select ONE contractor for award of this effort.

NOTE 12: Government Point of Contact for this Solicitation/Request for Quote (RFQ) is: Terren Jo, Contract

Specialist, email: terren.jo@navy.mil.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each

FIRST ARTICLE TESTING

FFP

Procure, fabricate, assemble, and conduct First Article Testing (FAT) resulting in the delivery of three (3) Multi-Standard Missile Echo Units (MSMEU). The

MSMEU will be built in accordance with (IAW) the Statement of Work (SOW).

Payment will be made as a result of successful acceptance of FAT inspection.

Shipment costs must be contained in the unit price.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 17 Each

MSMEU PRODUCTION

FFP

Production Phase: procure, fabricate, assemble, and deliver (17) MSMEU in accordance with the SOW. Shipment costs must be contained in the unit price.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 3 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

N63394

0002 120 dys. AFATA 17 (SAME AS PREVIOUS LOCATION)

N63394

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-1 Qualification Requirements FEB 1995

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under and Federal Law

FEB 2016

52.211-5 Material Requirements AUG 2000

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.234-1 Industrial Resources Developed Under Title III, Defense

Production Act

SEP 2016

52.242-17 Government Delay Of Work APR 1984

52.243-1 Changes--Fixed Price AUG 1987

52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012

52.245-9 Use And Charges APR 2012

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-0001 Line Item Specific: Single Funding SEP 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal SEP 2016

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 3 unit(s) of Lot/Item CLIN 0001 within 90 calendar days from the date of this contract to the Government at NAVAL SURFACE WARFAR CENTER, RECEIVING OFFICER, PORT

HUENEME DIVISION, BLDG 435, 4363 MISSILE WAY, PORT HUENEME, CA 93043-4307 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer shall notify the

Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The

Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The

Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting

Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2017).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are ncorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2017).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of

Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282)

(31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41

U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin

Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the

United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto

Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United

States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50

States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or

52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the

District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016)

(E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg]

Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792)

(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the

United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award

Management (SAM) database as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013)

(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241)

(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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: http://farsite.hill.af.mil/

DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE AND RECEIVING REPORT (COMBO)

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and

“Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

DESTINATION

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N62877

Issue By DoDAAC N63394

Admin DoDAAC N63394

Inspect By DoDAAC ____

Ship To Code N63394

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

MARIA.ORTIZ3@NAVY.MIL

mailto:MARIA.ORTIZ3@NAVY.MIL

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

ANTHONY A. SALERNO, 805-228-6240, ANTHONY.A.SALERNO@NAVY.MIL

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

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

This entire contract is fixed price.

(End of Text)

HQ C-2-0027 FIRSTARTICLE (GOVERNMENT TESTING) (NAVSEA)(SEP 1990)

(a) For the purpose of this contract, the "First Article" is synonymous with the terms "preproduction model(s)" and "preproduction equipment".

(b) The production equipment shall be manufactured with tools, materials and methods which are the same as, or representative of the tools, material and methods which were used to manufacture the First Article. 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 and it has been preliminarily accepted by the Contract

Administration Office. The Contractor shall make a record of all data obtained during such tests in such form as is consonant with good engineering practice and furnish five (5) copies thereof. The cover sheet of each copy of this record shall be marked with this contract number and the item identification. One (1) copy shall be furnished to the Contract Administration Office at the time of inspection for preliminary acceptance, one (1) copy shall accompany the First Article on delivery thereof, and three (3) copies shall be furnished to the Naval Sea Systems Command at the time of

First Article delivery.

(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.*

*Optional paragraph which may be tailored.

mailto:ANTHONY.A.SALERNO@NAVY.MIL

HQ G-2-0009 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (APR 2015)

(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the technical instruction (TI), sub line item number (SLIN), or contract line item number (CLIN) level, rather than on a total contract/TO basis, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide

Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by TI, SLIN, or CLIN level. For other than firm fixed price subcontractors, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer (CO) and Contracting Officer Representative (COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the CO and COR; or other method as agreed to by the CO.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data

Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and CO on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and CO email notification as required herein.