N6339419R0008.pdf

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until 12:00 PM local time 23 Jul 2019

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69 - 81 X H 82 - 86 ciara.allison@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

DO-A3 1 86

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N63394 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CIARA R ALLISON 805-228-8807

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

12 - 28 29 - 31

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

32 - 36 37 - 40

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 41 - 48 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 49 - 50 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

51 - 61

PART II - CONTRACT CLAUSES

NAVAL SURFACE WARFARE CENTER

PORT HUENEME DIVISION 4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-0650

805-228-6298FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

19 Jun 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6339419R0008

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

First Article Test (FAT)

FFP

Procure, fabricate, assemble and conduct FAT resulting in the delivery of one MK 235 Mod 11 unit and one MK 235 Mod 12 unit.

NET AMT

0001AA 1 Each

FAT - MK 235 MOD 11

FFP

Procure, fabricate, assemble and conduct FAT resulting in the delivery of one MK 235 Mod 11 unit.

NOTE: Defense Federal Acquisition Regulation Supplement (DFARS) 252.211- 7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

PSC CD: 6130

0001AB 1 Each

FAT - MK 235 MOD 12

FFP

Procure, fabricate, assemble and conduct FAT resulting in the delivery of one MK 235 Mod 12 unit.

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Data Deliverables

FFP

Prepare, maintain, and deliver data IAW CDRLs A001 through A009 and applicable Data Item Description (DID). Government shall have unlimited rights to all data/tech data IAW DFARS 252.227-7013, unless an assertion is accepted by the Government IAW DFARS 252.227-7017. The cost for all data/tech generated by the contractor directly or indirectly in its performance of this effort is included in the price paid by the Government under CLINs 0001, 0003, 0004, 0005, and 0006.

FOB: Destination

Production MK235 MODs 11 & 12

FFP

Fabricate, assemble, and deliver MK 235 MOD 11 and MOD 12. Refer to CDRLs for item and data requirements.

0003AA 7 Each

MK 235 MOD 11

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0003AB 9 Each

MK 235 MOD 12

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

OPTION Production MK 235 MODs 11 & 12

FFP

Fabricate, assemble and deliver MK 235 MOD 11 and MOD 12. If the Government exercises the option, SLINs 0004AA and 0004AB will be excercised simultaneously to fully fund all units. Refer to CDRLs for item and data requirements.

0004AA 8 Each

OPTION MK 235 MOD 11

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0004AB 10 Each

OPTION MK 235 MOD 12

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

OPTION Production MK 235 MODs 11 & 12

FFP

Fabricate, assemble and deliver MK 235 MOD 11 and MOD 12. If the Government exercises the option, SLINs 0005AA and 0005AB will be excercised

0005AA 8 Each

OPTION MK 235 MOD 11

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0005AB 10 Each

OPTION MK 235 MOD 12

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

OPTION Production MK 235 MODs 11 & 12

FFP

Fabricate, assemble and deliver MK 235 MOD 11 and MOD 12. If the Government exercises the option, SLINs 0006AA and 0006AB will be excercised

0006AA 8 Each

OPTION MK 235 MOD 11

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0006AB 10 Each

OPTION MK 235 MOD 12

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

OPTION Production MK 235 MODs 11 & 12

FFP

Fabricate, assemble and deliver MK 235 MOD 11 and MOD 12. If the Government exercises the option, SLINs 0007AA and 0007AB will be excercised

0007AA 8 Each

OPTION MK 235 MOD 11

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0007AB 10 Each

OPTION MK 235 MOD 12

FFP

NOTE: DFARS 252.211-7003 Item Identification and Valuation is applicable to this line item.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1 SCOPE

1.1 This Statement of Work (SOW) describes the requirement for the procurement, fabrication, assembly, test, final acceptance and delivery of Vertical Launching System (VLS) Launch Control Unit (LCU) MK 235 MOD 11 part number (p/n) 7104280-119 and MK 235 MOD 12 p/n 7104280-129. The VLS is equipped with two redundant LCUs. Each LCU is electrically interfaced with all of the Launch Sequencers (LSEQ) in the Launching System.

2 APPLICABLE DOCUMENTS AND STATEMENTS

2.1 Government technical drawings of the LCU MK 235 MOD 11 p/n 7104280-119 and MK 235 MOD 12 p/n 7104280-129 are provided in the Technical Data Packages (TDP), which will be provided as Government Furnished Information (GFI).

3 REQUIREMENTS

3.1 General Requirements

3.1.1 Contractor shall procure, fabricate, assemble, inspect, test and deliver the MK 235 Mod 11 and 12 LCUs in accordance with technical drawings and specifications identified in Section C and other contents within the

SOW.

3.1.2 All technical drawings and specifications used for the procurement, fabrication, assembly, test, final acceptance and delivery of MK 235 Mod 11 and 12 LCUs shall be in accordance with the latest revision, Notice of Revision (NOR) and Specification Change Notice (SCN) level identified with the TDP.

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

3.2 Technical Data Reviews, Quality Audits

3.2.1 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. Contractor’s quality assurance program shall conform to the contractor’s Quality Assurance Program Plan and shall be in conformity with either ANSI/ASQC Q9001, or ISO 9001 for production. The quality requirements include ANSI/ASQC Q9001 or ISO 9001, and relevant SOW and TDP requirement. 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.

3.3 Government Inspection

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

3.4 Manufacturing Processes

3.4.1 Contractor shall update their Manufacturing Plan to include VLS MK 235 Mod 11 and 12 LCUs being produced by the contractor under this contract. Contractor shall develop manufacturing and test procedures. Contractor shall identify key production processes and shall establish process capability and process control requirements for each. 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 SOW.

3.5 Testing, Inspection and Acceptance

3.5.1 Contractor shall perform testing and inspection of the MK 235 Mod 11 and 12 LCUs at the contractor’s facility in accordance with the applicable drawings, standards and specifications and factory test and inspection plans. Contractor shall assure that all testing and inspections required for acceptance are satisfactorily performed.

3.6 Counterfeit Parts and Materials

3.6.1 Contractor shall establish processes to minimize the risk of procuring and using counterfeit parts and materials. Contractor shall describe the proposed Diminished Manufacturing Sources and Material Shortages (DMSMS) in compliance with DoD Instruction (DoDI) 5000.02, “Operation of Defense Acquisition System, Enclosure 6; Public Law 113-66, the National Defense Authorization Act for Fiscal Year 2014”, dated 26 December 2013; and SD-22 – Diminishing Manufacturing Sources and Material Shortages (DMSMS). Contractor shall document these processes and make available those documented processes to Government representatives upon request. (CDRL A001)

3.7 Shipping and Packaging

3.7.1 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.

3.8 Environmental Compliance and Regulations

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

Any hazardous waste and material generated by contractor personnel must be disposed by the contractor personnel in accordance with 40 CFR 265.170-265.177. Contractor must use an approved hauler/treatment, storage, and disposal facility.

3.10 Specific Requirements

3.10.1 Production Readiness Review (PRR)

3.10.1.1 Contractor shall perform PRR with the Government to assure the contractor has accomplished the adequate production planning in preparation for production of the LCU and associated parts to meet performance requirements in accordance with the contract schedule and without unacceptable risks.

3.10.1.2 Contractor shall prepare a PRR report. (CDRL A002)

3.10.1.3 Contractor shall develop various plans to include Manufacturing, Testing, Quality Assurance Plan in conformity with either ANSI/ASQC Q9001 or ISO 9001 for production, Failure Analysis and Corrective Action Reporting (FACAR), contractor approved Configuration Management Plan that complies with ANSI/EIA-649 2011, Calibration, and Supplier Management Plans and then demonstrate that it shall manufacture and test the LCU and associated parts in accordance with those plans.

3.10.1.4 On-site examination of the above objective evidence as listed on 3.10.1.3, 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 and procurement planning status, issues, risks and schedules associated with the production program, and make available requested supporting objective evidence.

3.10.2 Physical Configuration Audit (PCA)

3.10.2.1 The purpose for PCA is to verify the “as-built” configuration matches its technical documentation and to validate supporting processes. The Government will perform a PCA of the first assembly built of the MK 235 Mod 11 and 12 LCUs and associated parts. The PCA team will consist of Naval Surface Warfare Center (NSWC) Dahlgren and NSWC Port Hueneme Division personnel and/or by other Government designated representatives.

3.10.2.2 Contractor shall ensure qualified engineering, technical, manufacturing, management, administrative and other support are available for these Government audits. Technical personnel shall be required to have pertinent tools, measuring devices and other equipment available for equipment disassembly, dimensional and tolerance verification and performance verification. Contractor shall ensure an area for audit conduct 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.

3.10.2.3 Contractor shall allow the Government to conduct PCA, at a minimum, to the individual parts that make up the configuration item and/or completed assembly(s):

An as-built list delineating all Engineering Change Proposal (ECPs) (either requested or approved).

The hardcopies of production specifications and technical drawings.

Complete shortage list.

To manufacturing instructions.

To acceptance test procedures and data.

To purchase order documents.

Associated certificates of conformance from suppliers or appropriate documents indicating compliance with material or drawing requirements.

3.10.2.4 The Contractor shall prepare a PCA technical report. (CDRL A003)

3.10.2.5 The audits shall be conducted at the contractor’s or subcontractor’s facility by NSWC Dahlgren and NSWC Port Hueneme Division personnel and/or by other Government designated representatives.

3.10.2.6 Each audit shall be performed after assembly completion (including acceptance testing) and prior to DD 250 Acceptance. For planning purposes, each complete PCA will require approximately five days for audit conduct, and two days for post audit close-out efforts.

3.10.2.7 Following the conduct of the PCA, the contractor shall resolve all audit findings and document such resolution in a report (CDRL A003).

3.10.3 First Article Inspection

3.10.3.1 The contractor shall perform First Article Inspection (FAI) of all assemblies, subassemblies, components and detail parts including castings and forgings in accordance with SAE Aerospace Standard AS9102 Rev A. The purpose of FAI is to provide objective evidence that all TDP and specification requirements are correctly understood, accounted for, verified, and recorded. The Government reserves the right to witness all FAI activities. The FAI requirement may be waived if the assembly, subassembly, component or detail part has been manufactured in identical configuration, in the same facility and delivered to the Navy within the past 24 months. A FAI is not required for standard catalog items, commercial-off-the-shelf items, raw materials or items procured in accordance with source control drawings.

3.10.3.2 Contractor shall prepare a comprehensive schedule of FAI events that includes date, time, expected duration and location and shall notify the Government at least five working days prior to the first event.

(CDRL A004)

3.10.3.3 Contractor shall prepare FAI validation reports. The Government retains the right to examine all FAI reports at any time in the future. All deficiencies discovered during the FAIs that affect form, fit, function or performance shall be corrected at contractor’s expense prior to unit delivery. (CDRL A005)

3.10.4 First Article Test

3.10.4.1 Contractor shall perform a First Article Test (FAT) on one of both the MK 235 Mod 11 and 12 LCUs to demonstrate the as-built unit under test will pass the applicable Prime Item Development Specification, WS 20313, or other specified performance requirements. The test, test item and test objective are identified in the TDPs.

3.10.4.2 Contractor shall prepare 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 post-test asset disposition.

3.10.4.3 Contractor shall convene a Test Readiness Review (TRR) at least five 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.

3.10.4.4 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 five days prior to the first event.

3.10.4.5 Contractor shall prepare a comprehensive test plan and provide the Government at least five working days prior to test event for one unit of both the MK 235 Mod 11 and 12 FAT units. (CDRL A006)

3.10.4.6 Contractor shall prepare a Quick Look Report after completion of a FAT event. The quick look report shall offer an initial assessment of the unit under test performance and shall describe all apparent anomalies.

(CDRL A007)

3.10.4.7 Contractor shall prepare a final report after the completion of the FAT event. (CDRL A008)

3.10.4.8 Contractor shall coordinate testing of the Lowest Replaceable Unit (LRU) of both the MK 235 Mod 11 and

12 LCUs with the Government.

4 Technical Data Rights

4.1 The Government shall maintain the Government owned 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 LCU and associated parts produced under this contract.

4.2 Contractor shall prepare the updated drawings, specifications and all related documents with revisions, including the Request for Variance. (CDRL A009)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

(End of text)

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

(OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

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

C-209-H001 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (OCT 2018)

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

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

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

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

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

(End of Text)

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

(a) Definitions.

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

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

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

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

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

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

C-215-H001 PRICE ADJUSTMENT FOR CHANGES IN FEDERAL LAW (NAVSEA) (OCT 2018)

(a) Definitions

(1) For the purpose of this requirement:

(i) The term "Currently Applicable Federal Laws" is defined to mean and include only the statutes listed below and regulations thereunder, promulgated by Federal authorities as in effect on the date of contract award.

(A) Contract Work Hours and Safety Standards Act

(B) Occupational Safety and Health Act

(C) Atomic Energy Act

(D) National Environmental Policy Act

(E) Clean Air Act

(F) Clean Water Act

(G) Refuse Act

(H) Noise Control Act

(I) Toxic Substances Control Act

(J) Solid Waste Disposal Act

(K) Marine Protection, Research and Sanctuaries Act

(L) Comprehensive Environmental Response, Compensation, and Liability Act

(M) Act to Prevent Pollution from Ships

(N) Hazardous Materials Transportation Act

(ii) The term "New Federal Law" is defined to mean a new Federal Statute enacted subsequent to the contract award date pertaining to (1) workplace conditions affecting employees or the public, or (2) environmental standards and requirements, and regulations thereunder promulgated by Federal authorities.

(iii) The term "change" shall be deemed to mean the amendment or repeal of any Currently Applicable Federal Law or New Federal Law or regulations promulgated thereunder by Federal authorities.

(b) If, at any time after the effective date of this contract, a New Federal Law is enacted or a change is made to a Currently Applicable Federal Law or a New Federal Law or regulations thereunder promulgated by Federal authorities, and compliance with such new law or change directly results in an increase or decrease in the Contractor's cost of performance of this contract, the contract price(s) shall be adjusted as provided in paragraph (c) below. No such adjustment shall be made for contract costs incurred or projected to be incurred during the two (2) year period after the effective date of this contract.

(c) The price adjustment provided for in paragraph (b) above shall be made, in the same amount, in each of the Target Cost(s), the Target Price(s), and the Ceiling Price(s) or Fixed Price(s) of this contract, as appropriate, and shall include only the properly allowable and allocable direct and indirect costs of additional labor and materials directly resulting from compliance with the new law or with the change, but shall not include:

(i) Costs of delay, disruption, or acceleration of performance;

(ii) Increases or decreases in prices charged by subcontractors or suppliers; or

(iii) Costs of additional facilities or of any portion thereof constructed or acquired after the contract award date unless such additional facilities or the portion thereof have been constructed or acquired by the Contractor solely in order to comply with a New Federal law or a change in Currently Applicable Federal Laws or New Federal Laws, or regulations thereunder promulgated by Federal authorities.

The price adjustment shall consider and exclude any tax, depreciation, or other special allowances provided to the Contractor in the New Federal Law or change for compliance therewith. No adjustment shall be made in the Profit or Delivery Schedule of the contract, provided, however, that the Contractor's right, if any, to extension of the delivery schedule under any other requirement of this contract shall not be prejudiced thereby. No adjustment shall be made unless a New Federal Law or a change directly causes an increase or decrease in the Contractor's cost of performance of this contract in excess of $250,000 per ship.

(d) The Contractor shall promptly notify the Contracting Officer, in writing, of the enactment of New Federal Laws or of a change that reasonably may be expected to result in an adjustment under the provisions of this requirement.

(e) Requests for price adjustments hereunder shall be made in accordance with the procedures of the contract requirement entitled "Documentation of Requests for Equitable Adjustment".

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

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

N6339419R0008.

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

C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)

(a) Definitions. As used in this text:

Article means a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical, and does not pose a physical hazard or health risk to employees.

Boundary of containment means a continuous tight seal (barrier) to prevent the release of functional mercury during normal operation and maintenance. Examples include the exterior of a fluorescent lamp, glass capsule of a mercury switch, and container for mercury reagents. A double boundary of containment consists of two independent seals.

Functional mercury means mercury or mercury compound(s) contained in equipment that is required for the equipment to operate properly, such as that found in mercury switches, fluorescent lamps, flat-panel monitors, thermostats, thermostat probes, small coin type batteries, barometers, and dental amalgams.

Hardware means any article, container, piece of material, individual part, subassembly, assembly, component, or system to which mercury control requirements apply.

Mercury-free means hardware that does not contain functional mercury and is not contaminated by mercury or mercury compounds.

Portable means items that are frequently transported during normal operation. Desk lamps, shop lights, and hand-held instruments are considered portable, while bulbs in stationary light fixtures are not. In general, items that require transport only during maintenance, installation, and removal of the items are not considered portable.

(b) The Contractor, and all subcontractors and vendors, shall ensure that mercury or mercury containing compounds are not intentionally added to, or come in direct contact with, hardware or supplies furnished under this contract.

(1) The Contractor shall ensure that mercury and mercury compounds are not taken onboard naval vessels by Contractor, subcontractor, or vendor personnel except for functional mercury used in batteries, dental amalgams, fluorescent lamps, flat-panel monitors, required instruments, sensors or controls, weapon systems, and chemical analysis reagents specified by the Naval Sea Systems Command (NAVSEA).

(2) Portable fluorescent lamps and portable instruments containing elemental mercury must be shock-proof in accordance with MIL-DTL-901E entitled Requirements for Shock Tests, H.I. (High Impact) Shipboard Machinery, Equipment, and Systems and have mercury enclosed by a double boundary of containment. Some devices with liquid crystal display (LCD) screens utilize a fluorescent bulb backlight to illuminate the LCD screen.

No additional restrictions or controls apply to devices with LCD screens; however, the Contractor shall remove the LCD screen and seal it in plastic following any evidence that the backlight failed.

(3) For Submarines, any use of mercury containing items must be approved as required by the Nuclear Powered Submarine Atmosphere Control Manual (S9510-AB-ATM-010/U) Volume 1.

(4) The Contractor shall ensure that mercury and mercury compounds do not contact hardware surfaces in systems covered by NAVSEA Manual NAVSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submarine air systems, level I systems per NAVSEA Publication 0948-LP-045-7010, NAVSEA Material Control Standard, or the submarine safety program (SUBSAFE) surfaces during maintenance or repair. Such hardware is designated as mercury-free. The Contractor shall ensure that all other hardware that could be structurally degraded by contamination with elemental mercury or reactive mercury compounds is separated from it by sufficient distance, or boundaries of containment that effectively prevents contact in all but the most extreme circumstances.

(5) The Contractor shall check any hardware surfaces in the above systems which are known or suspected to have come in contact with mercury or mercury compounds for evidence of structural degradation and external mercury contamination. The existence of external mercury contamination can be determined following MIL-STD-2041D entitled Control of Detrimental Materials.

(6) The presence of mercury in a product may be determined by checking product labeling on material safety data sheets or safety data sheets. Chemical analysis is not required.

(7) The Contractor shall dispose of any mercury and mercury compounds in accordance with OPNAV Manual (OPNAV M-5090.1) entitled Environmental Readiness Program Manual of 10 January 2014.

(8) If the use of mercury or mercury compounds cannot be avoided, a risk assessment and waiver request, if required, must be performed and submitted per the NAVSEA Hazardous Material Avoidance Process (T9070-AL- DPC-020/077-2). For systems covered by the NAVSEA Manual NAVSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submit the risk assessment and waiver request, if required to Nuclear Propulsion (NAVSEA 08).

(c) In all cases where mercury or a mercury compound has contacted hardware surfaces required to be mercury-free the Contractor shall immediately provide a report to the NAVSEA Dry Environmental Systems and Hazardous Materials (NAVSEA 05P5) via the cognizant contract administration safety office. Reports concerning systems covered by NAVSEA Manual 0989-064-3000 must include NAVSEA Nuclear Propulsion Directorate (SEA 08) in the distribution. Reports must be in letter form and include the date and details of the contact, the surfaces contacted, the recovery actions taken, and the status of the affected surfaces.

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

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

C-227-H008 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (NAVSEA) (DEC 2018)

(a) The contractor shall actively participate in the Government Industry Data Exchange Program in accordance with the GIDEP Operations Manual, S0300-BT-PRO-010. The contractor shall submit information concerning critical or major nonconformances, as defined in FAR 46.407/DFARS 246.407, to the GIDEP information system.

(b) The contractor shall insert paragraph (a) of this clause in any subcontract when deemed necessary. When so inserted, the word "contractor" shall be changed to "subcontractor."

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

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

(e) GIDEP materials, software and information are available without charge from:

GIDEP Operations Center P.O. Box 8000 Corona, CA 92878-8000 Phone: (951) 898-3207

FAX: (951) 898-3250

Internet: http://www.gidep.org

C-227-H009 ACCESS TO DATA OR COMPUTER SOFTWARE WITH RESTRICTIVE MARKINGS (NAVSEA)

(JAN 2019)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party that contains restrictive markings. 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 restrictively marked 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 properly restrictively marked. 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 this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, 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) These restrictions on use and disclosure of the data and software also apply to information received from the Government through any means to which the Contractor has access in the performance of this contract that contains restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt to gain access to any information with restrictive markings. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) Other work attributable to the change;

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

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

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

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

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

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

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