N6449819P5082.pdf

SEE ADDENDUM

(No Collect Calls)

N6449819Q5065 04-Feb-2019

b. TELEPHONE NUMBER

2158972518

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 20 Feb 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

X

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO. (450)372-6480

N644989. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

N6449819P5082 20-Mar-2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JAMES T O'SULLIVAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1300776161

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

ANGELA F CUSATI / CONTRACTING OFFICER

See Schedule $137,098.00

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.19-Feb-2019 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 19 02 231 G 01

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 0K1C2 FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER PHILA

CODE 0231, JAMES OSULLIVAN

215-897-2518, JAMES.OSULLIVAN2@NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

FIVES LINÉ MACHINES INC

KAREN LAPORTE

1000 RUE ANDRÉ-LINE

GRANBY J2J 1E2

NSWC PHILA, NAVY ERP

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

18a. PAYMENT WILL BE MADE BY CODE N64500

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE N00151 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL FOUNDRY & PROPELLER CENTER

THOMAS NEHER

1701 KITTY HAWK AVE

RECEIVING GATE 3

PHILADELPHIA PA 19112

FAX:

TEL: 215-897-2518 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

811310

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

X

EMAIL: angela.cusati@navy.mil

215-897-1891TEL:

31c. DATE SIGNED

19-Mar-2019

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF39

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6449819P5082

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each $89,800.00 $89,800.00 Replacement of Spindle Drive

FFP

Replace defective Sieb & Meyer spindle drive and install current model, SD2M Drive (Model Number: SM0362282AF000), and accessories (Model Number:

SM32299601).

FOB: Destination

PURCHASE REQUEST NUMBER: 1300776161

PSC CD: J099

NET AMT $89,800.00

ACRN AA

CIN: 130077616100001

$89,800.00

0002 1 Each $9,228.00 $9,228.00 Install GFP Omlat High Speed Spindle

FFP

The contractor shall install GFP Omlat High Speed Spindle Serial # DIS6730- 18000 min. Model # MATR042816 FOB: Destination

NET AMT $9,228.00

CIN: 130077616100002

$9,228.00

0003 1 Lot $38,070.00 $38,070.00 NTE Additional Repairs

FFP

Reference Section C, Statement of Work (SOW) for additional information pertaining to the use of CLIN 0003.

FOB: Destination

NET AMT $38,070.00

CIN: 130077616100003

$38,070.00

0004 1 Lot NSP Contract Data Requirements List

FFP

Technical Data in accordance with DD Form 1423, Contract Data Requirements List A001. This item is Not Separately Priced (NSP).

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

1.0 INTRODUCTION

1.0.1 The Naval Surface Warfare Center Philadelphia Division (NSWCPD) is a Department of Defense entity responsible for research and development, test and evaluation, engineering and fleet support organization for the Navy’s ships, submarines, military watercraft and unmanned vehicles. This requirement is for Naval Foundry and Propeller Center (NFPC), hereafter referred to as “the Government”.

1.0.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied.

1.0.3 Government / Contractor Relationship

(a) The services to be delivered under this contract are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. Therefore, it is in the best interest of the Government to provide both parties a full understanding of their respective obligations.

(b) The Contractor employees shall identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishable badges or other visible identification for meetings with Government personnel. In addition, Contractor personnel shall appropriately identify themselves as Contractor employees in telephone conversations and in formal and informal written correspondence

(c) Contractor personnel under this contract shall not engage in any of the inherently Governmental functions listed at FAR Subpart 7.5 or DFARS Subpart 207.5.

(d) Employee Relationship:

1) The services to be performed under this contract do not require the Contractor or its personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

2) Rules, regulations, directives, and requirements that are issued by the U. S. Navy and NSWCPD under its responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Inapplicability of Employee Benefits: This contract does not create an employer-employee relationship.

Accordingly, entitlements and benefits applicable to such relationships do not apply.

(f) Notice. It is the Contractor's, as well as the Government's, responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this Section has been or may be violated.

1) The Contractor should notify the Contracting Officer in writing within three (3) calendar days from the date of any incident that the Contractor considers to constitute a violation of this Section. The notice should include the date, nature, and circumstances of the conduct; the name, function, and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct; identify any documents or substance of any oral communication involved in the conduct; and the estimate in time by which the Government must respond to this notice to minimize cost, delay, or disruption of performance.

2) The Contracting Officer will, within five (5) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

(i) Confirm the conduct is in violation and when necessary direct the mode of further performance,

(ii) Countermand any communication regarded as a violation,

(iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance, or

(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor.

1.1 BACKGROUND

SU15 – Powermill V 240 HS/5 - Serial #J1447 is currently in a work stoppage due to a malfunctioning Sieb & Meyer spindle drive. The facility has exhausted all available options to have the original unit repaired but due to part obsolescence, the unit will have to be replaced with a current model. The replacement project will entail a full replacement and re-integration of the spindle involving both the OEM of the machining center (Fives Line’) and the OEM of the spindle drive (Sieb & Meyer). NFPC relies heavily on this equipment since it is relegated to finish machining prior to components being sent for inspection. The work stoppage is severely impacting delivery schedules to the Naval Fleet.

1.2 SCOPE OF WORK

The scope of work comprises of both off-site development and on-site technical assistance to replace the defective Sieb & Meyer spindle drive with a current model, SD2M Drive (Model Number: SM0362282AF000) with accessories (Model Number: SM32299601). The machine is located at the Naval Foundry & Propeller Center in Philadelphia, PA.

This requirement shall be awarded as an unpriced purchase order pursuant to FAR 13.302-2 Unpriced Purchase Order. CLIN 0001 is a firm fixed price line item to cover the replacement and repairs listed in section 3.0 of the Statement of Work. In the event there needs to be additional labor or material required to return the machine to a workable condition, the contractor shall continue with the repairs under CLIN 0002 without costs exceeding the NTE amount. Once all required repairs are completed, the contractor shall provide the Government with a detailed itemized invoice that captures all of the labor, direct material, and indirect costs associated with the repairs. The Government shall analyze the invoice and come to an agreement of price with the contractor. The negotiated price shall be established as a firm fixed price CLIN through issuance of a modification.

2.0 APPLICABLE DOCUMENTS

Not applicable.

3.0. REQUIREMENTS

3.1.1. The contractor shall provide one (1) electrical technician from OEM, Fives Line’, to report on-site to the Naval Foundry and Propeller Center located in Philadelphia, PA.

3.1.2. The contractor shall provide one (1) electrical engineer from OEM, Fives Line’, to report on-site to the Naval Foundry and Propeller Center located in Philadelphia, PA. In addition, the electrical engineer shall provide off-site development and integration testing.

3.1.3. The contractor shall provide one (1) each electrical engineer from spindle drive OEM, Sieb & Meyer’s Home office located in Germany, to report on-site to the Naval Foundry and Propeller Center located in Philadelphia, PA.

3.1.4. The contractor shall provide replacement spindle drive SD2M, Model # SM0362282AF000.

3.1.5. The contractor shall provide one (1) set of SD2M connectors Model # SM32299601.

3.1.6. The contractor shall carefully remove the existing Sieb & Meyer Spindle drive, accessories, and if necessary accompanying wiring from the drive enclosure.

3.1.7. The contractor shall install the replacement drive SM0362282AF0000.

3.1.8. The contractor shall install accessory connector set SM32299601.

3.1.9. The contractor shall re-wire and make all necessary connections.

3.2.0. The contractor shall test spindle drive operation in conjunction with Omlat Spindle 0673000.

3.2.1. The contractor shall fully integrate spindle operation with machining center’s linear and rotary axis.

3.2.2. The contractor shall develop baseline speed and amperage ratings under no load.

3.2.6. The contractor shall develop baseline speed and amperage ratings while under load.

3.2.4. The contractor shall return machine to full functionality.

3.3 If additional parts and labor are required to bring the machine to a workable condition outside of the tasks identified in paragraphs 3.1.1 through 3.2.4, the contractor shall utilize the FAR 13.302-2 Unpriced Purchase Order procedures set forth in section 1.2.

4. DATA REQUIREMENTS

4.1. Comprehensive Service Report (CDRL A001)

4.1.1. The contractor shall provide a test report after successful repair of milling machine SU-15. The contractor shall provide this report within 7 days after completion of the repair.

5.0 SECURITY REQUIREMENTS

5.1 Escorted visit. Escorted visits are required for any person who is not assigned to NNSY/NFPC and/or does not have a valid clearance. Visitors will be escorted at all time by an NFPC employee and no exposure to any classified open storage areas or material. Requests for escorted access must be submitted 5 working days prior to arrival. If it is service or maintenance that needs to be done or an emergency the request needs to be submitted immediately in order to allow for ample time for proper vetting of individual/individuals requesting access.

The requesting NFPC code/shop will coordinate the visit and verify proof of US citizenship. The responsible code shall provide escort during the contractor’s visit.

Acceptable documents for proof of Citizenship are;

1. US Birth Certificate (original)

2. US Voters registration

3. US Passport

4. (Home Land security), Transportation Workers Identification Credential (TWIC)

5. Naturalization paperwork

NFPC code requiring visit must request for the contractor to submit a visit request to CNRMA on their Company letterhead. Requests are required to include: SECNAV 5512

Code 1122 will review request and when acceptable notify requesting NFPC code/shop to arrange visit.

5.2 Contractor Vehicle Parking: (OPNAV 5530.14E) All contractor commercial vehicles must be visually inspected prior to entry into any NFPC buildings and are subject to random inspections anywhere on the compound.

While on the compound, vehicles must visibly display vehicle parking pass (contact C1122). Vehicles must clearly display an authorized company sign or logo including a company phone number. Vehicles must only be allowed in the compound for transportation of contractors' tools, parts, and materials to and from the work site with the exception of MILCON scope projects. Vehicles must be registered to the company and not to an individual. Parking of POV's is available at “S” lot which is approximately one mile from the work site. Contractor shall ensure that their vehicles, including delivery trucks, have valid and current vehicle registration and insurance upon arrival to NFPC. Non-valid and outdated or missing vehicle registration and insurance shall result in denied facility access requiring the Contractor to reschedule delivery immediately at the contractor’s expense.

5.3 Camera cell phones are not allowed in areas where NAVSEA work is being performed.

Camera cell phones are PROHIBITED:

In the CAA (Controlled Access Area), In Restricted Areas (Open Storage Confidential Areas, Secure Rooms, Vaults, etc.) and any location (office, trailer, shop, work area, etc.) where NAVSEA business is conducted.

Cell phones with the camera features disabled are no longer considered to be “camera” cell phones, and none of the restrictions for camera cell phones apply.

- “Disabled” means physical removal/destruction of the lens (drilling out, for instance) and filling the void with a permanent epoxy.

o The “acceptance criteria” is that it must be visually obvious to untrained personnel that the camera feature has been disabled. Accordingly, claiming that the camera feature or function has been “deprogrammed”, “inactivated” (or similar) would NOT be acceptable, since this cannot be readily verified by untrained personnel. Also, the camera feature or function could be reprogrammed or re-activated after inspection.

Cell phone owners should consider locations into which they intend/desire to carry cellphones before permanently modifying them. Modifications to cell phones are solely the decision and the responsibility of the owner.

Personnel camera cell phones are permitted in Personally Owned Vehicles parked outside of the Controlled Access Area. (General parking lots across the street)

Personal camera cell phones are permitted in areas outside of the CAA and where Naval Sea Systems Command (NAVSEA) business of a sensitive nature is NOT conducted.

This means that camera cell phones are PROHIBITED in Secure Rooms (regardless of where any of these areas are located), and in any meeting, discussion or forum where NAVSEA business of a sensitive nature is carried on.

Cellphone lockers/boxes will be placed at the entrance to facilities, or as close to the entrance as possible in order to facilitate this policy.

*******CAA-Controlled Access Area is anywhere within the fenceline*******

Not applicable. The contractor shall be escorted onto the site, observed while they perform the work, and escorted off the site.

5.4. The contractor shall adhere to the facility/base access guidance per the following website:

https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system/faqs.html

5.5. The contractor shall ensure that only contractor employees who meet the security requirements stated below perform under this contract at the Government site (e.g. delivery drivers and passengers, etc.). The contractor shall propose and maintain a list of employees whom meet these requirements and be willing to submit this list to the Government, along with the necessary documentation to prove they meet them (e.g. the results of a contractor conducted background check, etc.), for the Government’s security vetting, to include any Government background check, and approval. Once vetted and approved, a list of approved contractor employees must be maintained for the entire period of performance of the contract (i.e. propose new employees, replace existing employees or provide updates to existing employees’ records, as necessary). A minimum of two employees, primary and backup, should be cleared by the Government to perform the necessary functions under this contract (e.g. proposed drivers of a delivery vehicle) throughout the entire period of performance of the contract. Contractors must have the ability to be granted access by ensuring current documentation is available at the submission of their proposal to allow background checks for any proposed driver and passenger under the following criteria:

Felony conviction of any type within 10 years, or felony arrest that has not been adjudicated yet (includes "deferred findings").

Misdemeanor conviction or on-base arrest within 5 years, for any of the following types of crimes (includes "deferred findings"): Crimes of violence, sexual assault, larceny, drugs, or a habitual offender.

On the Sex Offender Registry.

Is barred from any Navy installation.

If a contractor’s employee is denied entry at delivery due to inaccurate or outdated personal and/or vehicle documentation, the Government is absolved of any costs accrued as a result of the denial and the contractor is still pledged to fulfill the contract requirements. Failure to fulfill the contract requirement may result in a termination for default pursuant to FAR 49.4.

6. PLACE OF PERFORMANCE

6.1 Performance will occur at the following government sites:

Naval Foundry and Propeller Center Philadelphia, PA

The contractor shall complete this requirement within four (4) months after contract award. Due to production schedules, the contractor shall be given 72 hours’ notice of when to start the work.

6.1.2 The specific location will be provided at time of award. The Contractor shall provide a list of employees who require access to these areas, including standard security clearance information for each person, to the Code 1120 Security Personnel no later than three business days after the date of award. The work space provided to the Contractor personnel shall be identified by the Awardee, with appropriate signage listing the company name and individual Contractor employee name.

6.1.3 Access to Government buildings at Naval Foundry & Propeller Center is from 0730 to 1800 Monday through Friday, except Federal holidays. Normal work hours are from 0730 to 1800, Monday through Friday. Contractor employees shall be under Government oversight at all times. Government oversight requires that a Government employee be present in the same building/facility whenever Contractor employee(s) are performing work under this contract. Contractor personnel are not allowed to access any Government buildings at NFPC outside the hours of 0730 to 1800 without the express approval of the Procuring Contracting Officer (PCO).

6.1.4 Early Dismissal and Closure of Government Facilities

When a Government facility is closed and/or early dismissal of Federal employees is directed due to severe weather, security threat, or a facility related problem that prevents personnel from working, onsite Contractor personnel regularly assigned to work at that facility should follow the same reporting and/or departure directions given to Government personnel. The Contractor shall not direct charge to the contract for time off, but shall follow its own company policies regarding leave. Non-essential Contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal and during periods of inclement weather, onsite Contractors should monitor radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site Contractors will continue working established work hours or take leave in accordance with parent company policy. Those Contractors who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, and closings in accordance with the FAR, applicable cost accounting standards, and company policy. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The PCO will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy.

7. TRAVEL

Not applicable.

8. GOVERNMENT FURNISHED PROPERTY

Not applicable.

9. GOVERNMENT FURNISHED INFORMATION

Not applicable.

10. PURCHASES

Not applicable.

11.0 COUNTERFEIT MATERIAL PREVENTION

Not applicable.

12.0 PERSONNEL

Not applicable.

13.0 ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION (ECMRA)

Not applicable.

14.0 NSWCPD ELECTRONIC COST REPORTING AND FINANCIAL TRACKING (ECRAFT) SYSTEM

Not applicable.

15.0 SPECIAL REQUIREMENTS

Not applicable.

CLAUSES INCORPORATED BY FULL 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.

(End of Text)

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

(c) The contractor shall ensure that each contractor employee who will be resident at NSWCPD completes the Environmental Management System (EMS) Awareness training within 30 days of commencing performance at NSWCPD. This document is available at:

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

(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:

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

(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.

(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:

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

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 - 0003 The supplies furnished hereunder shall be packaged in accordance with best commercial practice.

(End of Text)

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 20-JUL-2019 1 NAVAL FOUNDRY & PROPELLER

CENTER

THOMAS NEHER

1701 KITTY HAWK AVE

RECEIVING GATE 3

PHILADELPHIA PA 19112

215-897-2258

N00151

0002 20-JUL-2019 1 (SAME AS PREVIOUS LOCATION)

0003 20-JUL-2019 1 (SAME AS PREVIOUS LOCATION)

0004 20-JUL-2019 1 (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

AA: 1791804 60BA 257 42158 068732 2D C90409

COST CODE: 421589N210QP

AMOUNT: $137,098.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 130077616100001 $89,800.00

0002 130077616100002 $9,228.00 0003 130077616100003 $38,070.00

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

Combo

(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 N64500

Issue By DoDAAC N64498

Admin DoDAAC** N64498

Inspect By DoDAAC N64498

Ship To Code N00151

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) N64498

Service Acceptor (DoDAAC) N64498

Accept at Other DoDAAC ____

LPO DoDAAC N64498

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

Kimberly Villano kimberly.villano@navy.mil 215-897-2433

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

HQ G-2-0004 PURCHASING OFFICE REPRESENTATIVE

PURCHASING OFFICE REPRESENTATIVE:

James O'Sullivan Contracts Specialist, Code 0223 Naval Surface Warfare Center Philadelphia Division 5001 South Broad Street Philadelphia, PA 19112 Phone: 215-897-2518 Email: james.osullivan2@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.

Section H - Special Contract Requirements

PD-H04 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (NOV 2017 )

a. In accordance with SECNAV M-5510.30 Chapters 5 and 6, all Contractor personnel that require access to Department of Navy (DON) information systems and/or work on-site require an open investigation or favorable adjudicated T3 by the Department of the Navy, Central Adjudication Facility (DOD CAF). Investigations should be completed using the SF-86 Form and the SF-87 finger print card. An interim clearance may be granted by the company Security Officer and recorded in the Joint Personnel Adjudication System (JPAS) in accordance with the NISPOM (DOD Instruction 5220.2M). An open or closed investigation with a favorable adjudication is required prior to issuance of a badge providing access to NSWCPD sites and buildings. If an unfavorable adjudication is determined by DISCO all access will terminated.

For Common Access Card (CAC) card personnel shall have a completed or open investigation that has been favorably adjudicated or a final security clearance. Only contractor personnel that require access to a DoD system that is CAC enabled will be issued a CAC card as documented in the DD 1172-2. Contractors will not be issued CAC cards for the sole purpose of gaining access to government facilities.

b. Contractor personnel that require a badge to work on-site at one of the NSWCPD sites must provide an I-9 form to verify proof of citizenship. I-9 form should be signed by the company Facility Security Officer or the company Human Resource Department. In addition to the I-9 form, Contractors must bring the ID that is listed on the I-9 form to the NSWCPD Security Officer at the time of badge request to verify U.S. citizenship.

c. A T1 investigations will be completed on any contractor that does not have a favorable adjudicated investigation in JPAS and is requesting swipe/non-swipe access to our buildings in excess of 120 days. Any contractor that has unfavorable information that has not been favorably adjudicated by Department of Defense Central Adjudication Facility (DOD CAF) will not be issued a badge.

d. Within 30 days after contract award, the Contractor shall submit a list of all Contractor personnel, including subcontractor employees, who will have access to DON information systems and/or work on-site at one of the NSWCPD sites to the appointed Contracting Officer Representative (COR) via email. The Contractor shall provide each employee's first name, last name, contract number, the NSWCPD technical code, work location, whether or not the employee has a CAC card and/or swipe card, the systems the employee can access (i.e., NMCI, RDT&E), and the name of the Contractor's local point of contact, phone number and email address. Throughout the period of performance of the contract, the Contractor shall immediately provide any updated information to the COR when any Contractor personnel changes occur including substitutions or departures.

e. Once contract performance is complete the contractor shall return the CAC card to the COR. If the contractor will be performing services for NSWCPD under a different DoD issued contract, the COR may authorize the contractor to retain the CAC card until those services are complete. Notification to the NSWCPD Security Office must be provided via by the COR via an email with contractors name and the new contract number.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7009 Limitations on the Use or…