N6449818T5154.pdf

PDF 763 KB Posted Jun 19, 2018

Attached to: MathWorks Software Federal contract opportunity
Solicitation number: N6449818T5154
Issued by: Department of the Navy Naval Sea Systems Command

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N6449818T51540002.pdf	PDF	Jul 17, 2018
N6449818T51540001.pdf	PDF	Jul 11, 2018
J&A_Redacted.pdf	PDF	Jun 19, 2018

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NAVAL SURFACE WARFARE CENTER PHILA

EDWARD "KYLE" CLERVAL

NSWC PHILADELPHIA DIVISION

1601 LANGLEY AVENUE

BLDG 542

PHILADELPHIA PA 19112

TEL: (215) 897-8457 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

N6449818T5154 19-Jun-2018

5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

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 [ ] IS X[ ] 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 PHILA

CODE 0223, JILLIAN RANDAZZO

215-897-2235, JILLIAN.RANDAZZO@NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

12-Jul-2018(Date)

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

215-897-2235JILLIAN RANDAZZO

(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

N6449818T5154

Section A - Solicitation/Contract Form

CONTINUATION SHEET

Standard Form (SF) 18 – REQUEST FOR QUOTATION

NOTE: THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

THIS SOLICITATION IS FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH FAR

PART 13.5 SIMPLIFIED PROCEDURES FOR COMMERCIAL ITEMS

1. Block 5a (continued)

Mailed Offers should be sent to:

Naval Sea Systems Command (NAVSEA)

Naval Surface Warfare Center Philadelphia Division

5001 South Broad Street

Philadelphia, PA 19112-5083

ATTN: Jillian Randazzo/ Bldg. 4

Mark your Proposal with Solicitation No: N6449818T5154

Mark package with opening/closing Date & Time: 12 JULY 2018; 3:00 P.M. Local Time

2. Block 10

Offer Due Date / Local Time: 12 JULY 2018 by 3:00 P.M. Local Time

EMAIL OFFERS ARE AUTHORIZED

Emailed Offers should be sent to: jillian.randazzo@navy.mil

FACSIMILE OFFERS ARE NOT AUTHORIZED

3. Block 17a: Offeror’s assigned DUNS Number: ___________________________.

Offeror’s CAGE CODE: ________________________.

4. Are you registered in System for Award Management (SAM)?

( ) YES ( ) NO

You will not be eligible for award if you are not registered in the System for Award Management (SAM). If you have previously registered, make sure that your registration has not expired.

NOTE: This procurement is for BRAND NAME ONLY

NOTE: Offeror’s should ensure that all clauses, certifications, and representations within this solicitation have been accurately completed.

mailto:jillian.randazzo@navy.mil

The contract will contain a twelve (12) month Base Term and two (2), twelve (12) month Option

Terms. Failure to offer on all Terms will result in rejection of your entire proposal.

Note: Period of Performance (POP) dates are estimated and subject to change at time of award.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Enterprise License of MathWorks Programs

FFP

Base Year: POP: 10/01/2018 - 9/30/2019; Reference Statement of Work (Section

FOB: Destination

PSC CD: 7030

NET AMT

0002 1 Lot OPTION Training Course

FFP

Base Year Optional Training: Training for 1 or more of the courses listed in SOW section 1.2.5 Course length: NTE 3 days / Number of Students: NTE 20 students

0003 1 Lot OPTION Training Course

FFP

0004 1 Lot OPTION Training Course

FFP

Base Year Optional Training: Training for 1 or more of the courses listed in SOW section 1.2.5 Course length: NTE 3 days / Number of Students: NTE 20 students

0005 1 Lot OPTION Training Course

FFP

0006 1 Lot OPTION Training Course

FFP

0007 1 Lot OPTION Training Course

FFP

0008 1 Lot OPTION Enterprise License of MathWorks Programs

FFP

Option Year one: POP: 10/01/2019 - 9/30/2020; Reference Statement of Work

(Section C)

0009 1 Lot OPTION Training Course

FFP

Option Year One (1) Optional Training: Training for 1 or more of the courses listed in SOW section 1.2.5 Course length: NTE 3 days / Number of Students:

NTE 20 students

0010 1 Lot OPTION Training Course

FFP

Option Year One (1) Optional Training: Training for 1 or more of the courses

0011 1 Lot OPTION Training Course

FFP

Option Year One (1) Optional Training: Training for 1 or more of the courses

0012 1 Lot OPTION Training Course

FFP

Option Year One (1) Optional Training: Training for 1 or more of the courses listed in SOW section 1.2.5 Course length: NTE 3 days / Number of Students:

NTE 20 students

0013 1 Lot OPTION Training Course

FFP

Option Year One (1) Optional Training: Training for 1 or more of the courses

0014 1 Lot OPTION Training Course

FFP

Option Year One (1) Optional Training: Training for 1 or more of the courses

0015 1 Lot OPTION Enterprise License of MathWorks Programs

FFP

Option Year Two (2): POP: 10/01/2020 - 9/30/2021; Reference Statement of Work

(Section C)

0016 1 Lot OPTION Training Course

FFP

Option Year Two(2) Optional Training: Training for 1 or more of the courses listed in SOW section 1.2.5 Course length: NTE 3 days / Number of Students: NTE 20 students

0017 1 Lot OPTION Training Course

FFP

Option Year Two(2) Optional Training: Training for 1 or more of the courses listed in SOW section 1.2.5 Course length: NTE 3 days / Number of Students: NTE 20 students

0018 1 Lot OPTION Training Course

FFP

Option Year Two(2) Optional Training: Training for 1 or more of the courses listed

0019 1 Lot OPTION Training Course

FFP

Option Year Two(2) Optional Training: Training for 1 or more of the courses listed

0020 1 Lot OPTION Training Course

FFP

Option Year Two(2) Optional Training: Training for 1 or more of the courses listed

0021 1 Lot OPTION Training Course

FFP

Option Year Two(2) Optional Training: Training for 1 or more of the courses listed

CLAUSES INCORPORATED BY FULL TEXT

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

This entire contract is fixed price.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. TECHNICAL REQUIREMENTS

1.1.1. Software Products:

- MATLAB

- Simulink

- Aerospace Blockset

- Aerospace Toolbox

- Antenna Toolbox

- Audio System Blockset

- Bioinformatics Toolbox

- Communications System Toolbox

- Computer Vision System Toolbox

- Control System Toolbox

- Curve Fitting Toolbox

- Data Acquisition Toolbox

- Database Toolbox

- Datafeed Toolbox

- DSP System Toolbox

- Econometrics Toolbox

- Embedded Coder

- Filter Design HDL Coder

- Financial Instruments Toolbox

- Financial Toolbox

- Fixed-Point Designer

- Fuzzy Logic Toolbox

- Global Optimization Toolbox

- HDL Coder

- HDL VerifierImage Acquisition Toolbox

- Image Processing Toolbox

- Instrument Control Toolbox

- LTE System Toolbox

- Mapping Toolbox

- MATLAB Coder

- MATLAB Compiler

- MATLAB Compiler SDK

- MATLAB Report Generator

- Model-Based Calibration Toolbox

- Model Predictive Control Toolbox

- Neural Network ToolboxOPC Toolbox

- Optimization Toolbox

- Parallel Computing Toolbox

- Partial Differential Equation Toolbox

- Phased Array System Toolbox

- PolySpace Bug Finder (for user-based desktop use)

- Powertrain Blockset

- RF Toolbox

- Risk Management Toolbox

- Robotics System Toolbox

- Robust Control Toolbox

- Signal Processing Toolbox

- SimBiology

- SimEvents

- SimRF

- Simscape

- Simscape Driveline

- Simscape Electronics

- Simscape Fluids

- Simscape Multibody

- Simscape Power Systems

- Simulink 3D Animation

- Simulink Code Inspector

- Simulink Coder

- Simulink Control Design

- Simulink Design Optimization

- Simulink Design Verifier

- Simulink Desktop Real-Time

- Simulink PLC Coder

- Simulink Real-Time

- Simulink Report Generator

- Simulink Test

- Simulink Verification and Validation

- Spreadsheet Link

- Stateflow

- Statistics and Machine Learning Toolbox

- Symbolic Math Toolbox

- System Identification Toolbox

- Trading Toolbox

- Vehicle Network Toolbox

- Vision HDL Toolbox

- Wavelet Toolbox

- WLAN System Toolbox

1.2. MathWorks Courses.

1.2.1. The contractor shall provide on-site training for Not-To-Exceed twenty (20) people in each course for the base and each option year(s).

1.2.2. Training shall take place in a Government provided facility at NSWCPD.

1.2.3. The Contractor shall provide a copy of any software-based tools to the student on a

CDROM for use solely during the training course. The Contractor should be aware that

U.S. Government laptop and desktop computers are prohibited from having unauthorized software loaded to them. Since the software is approved in DADMS and we currently have software in place, trainings are authorized. A separate ITPR is not required because this is not an IT service.

1.2.4. Training shall be accomplished on Government supplied computers.

1.2.5. Training may include the following courses or a mixture thereof:

- MATLAB Fundamentals (3 days)

- MATLAB Fundamentals for Automotive Applications (3 days)

- MATLAB for Financial Applications (3 days)

- MATLAB Fundamentals for Aerospace Applications (3 days)

- Wireless Communications Systems Design with MATLAB and USRP Software-Defined

Radios (2 days)

- Machine Learning with MATLAB (2 days)

- Time-Series Modeling in MATLAB (1 day)

- MATLAB for Data Processing and Visualization (1 day)

- MATLAB Programming Techniques (2 days)

- Interfacing MATLAB with C Code (1 day)

- Statistical Methods in MATLAB (2 days)

- Optimization Techniques in MATLAB (1 day)

- Image Processing with MATLAB (2 days)

- Building Interactive Applications in MATLAB (1 day)

- MATLAB for Asset Allocation (1 day)

- Accelerating and Parallelizing MATLAB Code (2 days)

- Signal Processing with MATLAB (2 days)

- Computer Vision with MATLAB (2 days)

- Designing Robotics Algorithms in MATLAB (1 day)

- Object-Oriented Programming with MATLAB (2 days)

- Market Risk Management with MATLAB (1 day)

- Credit Risk Management with MATLAB (1 day)

- MATLAB to C with MATLAB Coder (2 days)

- Designing LTE and LTE Advanced Physical Layer Systems with MATLAB (3 days)

- Simulink for System and Algorithm Modeling (2 days)

- Simulink for Automotive System Design (2 days)

- Model-Based Design Introduction (2 days)

- Signal Processing with Simulink (3 days)

- Simulink for Aerospace System Design (2 days)

- Communication Systems Modeling with Simulink (1 day)

- Control System Design with MATLAB and Simulink (2 days)

- Integrating Code with Simulink (1 day)

- Modeling Physical Systems with Simscape (1 day)

- Modeling Driveline Systems with Simscape (1 day)

- Modeling Fluid Systems with Simscape (1 day)

- Modeling Electrical Power Systems with Simscape (1 day)

- Modeling Multibody Mechanical Systems with Simscape (1 day)

- SimEvents for Discrete-Event System Modeling (1 day)

- Model Based Calibration (2 days)

- Programming Xilinx Zynq SoCs with MATLAB and Simulink (2 days)

- Verification and Validation of Simulink Models (1 day)

- Simulink Model Management and Architecture (2 days)

- Generating HDL Code from Simulink (2 days)

- DSP for FPGAs (3 days)

- Stateflow for Logic Driven System Modeling (2 days)

- Stateflow for Automotive Applications (2 days)

- Testing Generated Code in Simulink (1 day)

- Generating HDL Code from Simulink (2 days)

- Programming Xilinx Zynq SoCs with MATLAB and Simulink (2 days)

- Embedded Coder for Production Code Generation (3 days)

- MATLAB to C with MATLAB Coder (2 days)

- Code Generation for AUTOSAR Software Components (1 day)

- Software-Defined Radio with Zynq using Simulink (1 day)

- Real-Time Testing with Simulink Real-Time and Speedgoat Hardware (2 days)

- Polyspace for C/C++ Code Verification (2 days)

- Polyspace Bug Finder for C/C++ Code Analysis (2 days)

1.2.6. Training will be chosen based on the needs of the command based on feedback from working groups and surveys. Each option CLIN will be selected from the training classes listed in section

1.2.5.

2. CYBER SECURITY

This tasking does not include cyber security services.

3. TRAVEL

This tasking does not require travel.

4. SECURITY

All products and services are unclassified.

5. PLACE OF PERFORMANCE

The licenses are for use by Qualified Users (as defined above in 3.1.1.) CONUS and OCONUS.

6. OTHER

6.1. Technical Point of Contact:

Edward Kyle Clerval

(215) 897-8457 edward.clerval@navy.mil

5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Naval Surface Warfare Center Philadelphia Division via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom-Telecommunications Transmission

(D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR

RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER

SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.

(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.

(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract to restrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount of copies that can be made.

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the

Government will be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.

(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legends apply to the extent possible. Such legends shall also be placed in human-readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal _____________ dated __________ in response to

NAVSEA Solicitation No. N6449818T5154. .

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF

PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item

(f) of the clause, following "the specification" in the order of precedence.

(End of Text)

HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTOR S FOR OFFICIAL CONTRACT FILES

(NAVSEA) (APR 2004)

(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:

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 Contractor s for these services. Contractor s are free to enter into separate non-disclosure agreements with the file room Contractor . (Please contact Director, E Business Division 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.

PD-C01-ON-SITE SAFETY AND ENVIRONMENTAL AWARENESS TRAINING (SEPTEMBER 2017)

(NSWCPD)

(a) The contractor shall strictly adhere to Federal Occupational Safety and Health Agency (OSHA) Regulations, Environmental Protection Agency (EPA) Regulations, and all applicable state and local requirements.

(b) The contractor shall ensure that each contractor employee reads the documents entitled, “Philadelphia Division

Environmental Policy and Commitment” and “Philadelphia Division Occupational Safety and Health Policy

Statement” within 30 days of commencing performance at Naval Surface Warfare Center Philadelphia Division

(NSWCPD). These documents are available at:

https://navsea.navy.deps.mil/wc/pnbc-code10/Safety/default.aspx

Environmental Management System (EMS) Awareness training within 30 days of commencing performance at

NSWCPD. This document is available at:

(d) The contractor shall certify by e-mail to Paul Breeden (paul.breeden@navy.mil) that on-site employees have read the “Philadelphia Division Environmental Policy and Commitment” and taken the EMS Awareness training within 30 days of commencing performance at NSWCPD. The e-mail shall include the employee name, work site, and contract number.

(e) The contractor shall ensure that each contractor employee who will be resident at NSWCPD completes the

Voluntary Protection Program (VPP) Awareness Training within 30 days of commencing performance at NSWCPD.

This document is available at:

(f) The contractor shall certify by e-mail to Al D’Imperio (albert.dimperio@navy.mil) that employees have read the

“Philadelphia Division Occupational Safety and Health Policy Statement” and taken the VPP awareness training within 30 days of commencing performance at NSWCPD. The e-mail shall include the employees name, work site, and contract number.

(g) The contractor shall submit their OSHA 300 Logs (injury/illness rates) within 30 days of commencing performance at NSWCPD for review by the OSH Office (Al D’Imperio). If a contractor’s injury/illness rates are above the Bureau of Labor Statistics industry standards, a safety assessment will be performed by the OSH Office to determine if any administrative or engineering controls can be utilized to prevent further injuries/illnesses, or if any additional Personal Protective Equipment (PPE) or training will be required.

(h) The contractor shall post their OSHA 300 Logs in a conspicuous place where employee notices are customarily posted immediately upon commencing performance at NSWCPD.

(i) Applicable contractors shall submit Total Case Incident Rate (TCIR) and Days Away, Restricted and Transfer

(DART) rates for the past three years within 30 days of commencing performance at NSWCPD for review by the

OSH Office. A contractor meets the definition of applicable if its employees worked 1,000 hours or more in any calendar quarter on site and were not directly supervised in day-to-day activities by the command.

(j) The contractor shall report all work-related injuries/illnesses that occurred while working at NSWCPD to the

OSH Office.

https://navsea.navy.deps.mil/wc/pnbc-code10/Safety/default.aspx https://navsea.navy.deps.mil/wc/pnbc-code10/Safety/default.aspx mailto:richard.cordy@navy.mil mailto:albert.dimperio@navy.mil

(k) The contractor shall ensure that all contractor work at NSWCPD is in accordance with the OSH Program Manual

(NAVSSESINST 5100.14). The OSH Program Manual is available at:

Note:

1) Contractors must request an “iNAVY” account to access the documents online. Instructions are as follows:

a. https://inavy.accessrequest.portal.navy.mil/

b. select EMAIL Certificate<<<<-------

c. select Association (CIV, CTR or MILITARY)

d. enter work phone number

e. UIC number: 64498 (entering this will auto-populate the next box to "NSWC Philadelphia") – then hit

"NEXT"

f. sponsor: NAVSEA

PD-C02 -- COMMERCIAL SUPPLIER AGREEMENTS (JUN 2016) (NSWCPD)

1. Commercial Supplier Agreement means End User License Agreement (EULA), Terms of

Service (TOS), or similar legal instrument or agreement.

2. Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer.

3. Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions –

Commercial Items, and PD-C02, Commercial Supplier Agreements, shall take precedence over any conflicting provisions in a Commercial Supplier Agreement.

4. If any clause in the Commercial Supplier Agreement conflicts with Federal law or regulations (See, FAR 12.212(a)), the following shall apply:

i. Any such clause is unenforceable against the Government.

ii. Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the Commercial Supplier

Agreement. If the Commercial Supplier Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

iii. Any such clause is deemed to be stricken from the Commercial Supplier

Agreement.

5. Automatic renewals. License Agreements will expire at end of the term identified in the

Purchase Order/Contract. Automatic renewals are not permitted and any such provision is void.

6. Changes to the Commercial Supplier Agreement. Unilateral changes of the Commercial

Supplier Agreement are impermissible and any clause authorizing such changes is unenforceable.

7. Third Party Licenses (Embedded Software).

i. The Contractor agrees that it has obtained all necessary licenses for the

Government for any third party materials (including without limitation all Open-

Source licenses) provided within the product.

ii. Contractor agrees that it complies with and shall continue to comply with all of its obligations under Third Party Licenses (including without limitation all Open

Source licenses) associated with any third party materials provided within each product.

iii. To the extent that the Government’s use of the software products licensed herein is in compliance with the Contractor’s Commercial Supplier Agreement, the

Government’s use will also be in compliance with any Third Party Licenses.

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

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

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

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

Such authorization includes sublicensing, and assignment or transfer among or between authorized users. In the event an authorized user is reorganized or restructured such that their responsibilities and operations are transferred to another government agency, the agency shall have the right to assign the affected program licenses to a successor. The licensed agency and the successor agency agree to be bound to the Commercial Supplier

Agreement as modified. The transferee shall be bound by the license metrics and limitations in this license. Government shall complete any documentation required by the Contractor to facilitate the transfer of this license, and continuation of support shall be the responsibility of the transferee.

For the avoidance of doubt, any assignment or transfer of licenses of the Contractor’s products is also subject to all other terms of the Commercial Supplier Agreement, as well as the Contractor’s policies governing product dependencies and version compatibility.

Reassignment does not require that the license be under maintenance or support in order to execute a transfer.

Contractor can assign its rights in accordance with Federal law and regulations. (See, FAR Subpart 42.12).

11. Litigation. Any clause insisting that the commercial supplier or licensor control any litigation arising from the government’s use of the contractor’s supplies or services is deleted.

12. Equitable Remedies. Equitable remedies, injunctive relief, and binding arbitration clauses may not be enforced unless explicitly authorized by agency guidance or statute.

13. Venue. The forum for resolution of disputes and applicable statutes of limitation shall be governed by federal law.

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

[End of clause]

Section D - Packaging and Marking

HQ D-1-0002 PACKAGING LANGUAGE (W/O MILITARY SPECIFICATIONS)

Item(s) 0001-0021 The supplies furnished hereunder shall be packaged in accordance with best commercial practice.

HQ D-2-0008 MARKING OF REPORTS (NAVSEA) (SEP 1990)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) name and business address of the Contractor

(2) contract number

(3) contract dollar amount

(4) whether the contract was competitively or non-competitively awarded

(5) sponsor:

(Name of Individual Sponsor)

(Name of Requiring Activity)

(City and State)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

0013 Destination Government Destination Government

0014 Destination Government Destination Government

0015 Destination Government Destination Government

0016 Destination Government Destination Government

0017 Destination Government Destination Government

0018 Destination Government Destination Government

0019 Destination Government Destination Government

0020 Destination Government Destination Government

0021 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

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

Item(s) __0001-0021 - Inspection and acceptance shall be made at destination by a representative of the

Government.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15 dys. ADC 1 NAVAL SURFACE WARFARE CENTER

PHILA

EDWARD "KYLE" CLERVAL

NSWC PHILADELPHIA DIVISION

1601 LANGLEY AVENUE

BLDG 542

PHILADELPHIA PA 19112

(215) 897-8457

N64498

0002 POP 01-OCT-2018 TO

30-SEP-2019