N6449819Q5166.pdf

SEE ADDENDUM

(No Collect Calls)

N6449819Q5166 13-Jun-2019

b. TELEPHONE NUMBER

2158972518

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 21 Jun 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

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.

N644989. ISSUED BY

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 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

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. 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

TEL: 215-897-2258 FAX:

FAX:

TEL: 215-897-2518 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

316210

X

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

EMAIL:

TEL:

31c. DATE SIGNED

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 OF55

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.

N6449819Q5166

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot On-Site Shoe Mobile

FFP

On-site shoe mobile for fitting, sizing, and distribution of safety shoes in addition to online shoe catalog orders, IAW SOW Section C Paragraph 3.0. The resultant contract will be an Unpriced Purchase Order, with a Not To Exceed price of $80,000. See Attachment 1 "Offer Price List Templete" to provide pricing.

FOB: Destination

PSC CD: 8430

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) who is responsible for the design, manufacture, and repair propellers for the US Navy.

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 shall notify the Contracting Officer in writing via letter or email 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 Contractor's estimated date when, absent a response, cost, schedule or performance will be impacted.

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

NFPC is in need of mobile on-site safety shoe services throughout its facility. This service is requested to ensure OSHA safety shoe standards are maintained and proper footwear is available which must be utilized in an industrial environment.

1.2 SCOPE OF WORK

NFPC requires contractor support to provide an on-site shoe mobile for fitting, sizing, and distribution of safety shoes to the entire workforce. The workforce includes welders, electricians, foundry molders/melters, machinists, and administrators.

This requirement shall be awarded as an unpriced purchase order pursuant to FAR 13.302-2 Unpriced Purchase Order. CLIN 0001 is established with a Not-to-Exceed (NTE) price. Once all required safety footwear have been ordered during the shoe mobile event(s), the contractor shall provide the Government with a detailed itemized invoice that captures all of the purchased footwear. The Government shall analyze the invoice to ensure the costs are appropriate, are under all established subsidy prices and come to an agreement of final price with the contractor. The negotiated price shall be established as a firm fixed price CLIN through issuance of a modification.

In the unlikely event that the contractor foresees that the footwear costs are to exceed the NTE amount, the contractor shall stop providing footwear, continuing will be at the contractor’s own risk, and shall notify the Government immediately during the event or afterwards the contractor’s inability to complete the requirement under the NTE amount. The contractor shall provide the Government with a proposal for a new CLIN amount along with proper documentation to justify the new proposed amount. If and when the amount is agreed upon, a modification to the purchase order will be issued.

2.0 APPLICABLE DOCUMENTS

Reference (a): OPNAVINST 5100.23 (series), “Navy Occupational Safety and Health (NAVOSH) Program Manual”

Reference (b): ASTM F2412 (series), “Standard Test Methods for Foot Protection”

Reference (c): ASTM F2413 (series), “Standard Specification for Performance” Requirements for Protective (Safety) Toe Cap Footwear”

Reference (d): MIL-S-21894 (series), “Shoe, Safety (Chukka)”

Reference (e): MIL-B-87068 (series), “Boot, Safety (Nonsparking)”

Reference (f): MIL-S-43860 (series), “Shoes, Electrical Hazards Protective, High, Men’s”

3.0. REQUIREMENTS

3.1 The contractor shall provide a firm fixed price list for the following safety footwear types:

• General Safety Shoes & Boots

• Foundry/Molder Boots

• Electrician Boots

• Welding Boots

3.1.1 The total estimated requirement to be filled is 535 pairs of safety footwear in no more than 15 mobile shoe truck, on-site visits. The total will consist of an assortment of footwear listed in paragraph 3.1 above. The footwear is for Government personnel only, as such, only Government personnel will be eligible to participate and be covered under this contract.

3.2 Requirements for all Categories of Footwear:

• All footwear must meet the standards of Reference (a); proof of testing shall be provided with the offer.

• Footwear should be available in Men’s size 5-16 and Women’s size 4-10.

• Footwear widths should generally be available from “D” to wide “EEE” (narrow to extra, extra wide).

• All footwear should be warranted against defects and workmanship issues for a period of at least 6 months.

3.2.1 General Safety Shoe and Boot Requirements:

• Safety shoes, with a built-in protective toe box, primarily provide protection from heavy falling objects.

These shoes shall conform to the requirements of reference (b) and (c), as well as reference (d).

• Safety boots are general-purpose footwear items offering the same toe protection as the above safety shoes except in a boot designed for added support. These boots shall conform to the requirements of reference (e).

• Must provide some General Safety Boots that meet reference (f) standards.

• “Soft” safety toes shoes or non-safety shoes are not acceptable.

• “Sneaker style” or low style industrial safety shoes must be approved in advance by the Government. Hiker heights or above permitted.

• At least 80 Styles must be offered at or below the General Safety Shoe and Boot Subsidy threshold of $105, including 1 slip-on pair.

3.2.2 Foundry/Molder Boot Requirements:

• Foundry/Molder's "Congress" style safety shoes or boots are for protection while handling molten metal.

Footwear having a snug angle fit and a closed upper construction which permit speed and ease of removal, if necessary, to minimize injury if molten materials fall inside. Specifications were formerly covered under MIL-S-82245, Shoe, Molders.

• Foundry/Molder Boots are kick-off boots that must meet congress style, reference (g), which is lace-less, kick-off boots at least 6 inches, with metal caps, electrically protected, and thick leather. Molder Boots specifications should be compatible to those covered under former MIL-S-82245, Shoe, Molders standard, and/or the former standard A-A-59528.

• Distributor must be able to provide shoes in a timely manner from approved foundry boot companies, if required.

• At least 1 style of Foundry/Molder Boot must be offered at or below the Foundry Boot Subsidy threshold of $200.

3.2.3 Electrician Boot Requirements:

• Electrical hazard safety footwear, include a built-in protective toe box and are insulated to protect the wearer from electrical shock hazards of contact with electrical currents when performing electrical work.

• Electrical hazard boots designed for electricians meeting references (f) and (g).

• At least 15 pair must be offered at or below the Electrician Boot Subsidy threshold of $150.

3.2.4 Welding Boot Requirements:

• Welding Boots must be lace-less, kick-off boots at least 6 inches, with metal caps, electrically protected, and metatarsal protection.

• Welding specific footwear must be designed for welding purposes and must meet

• electrical standards (i.e. shock resistant).

• At least 2 pair must be offered at or below the Welding Boot Subsidy threshold of $150.

3.3 Shoe Mobile/Truck Events Requirements:

• There will be 1 primary and potentially 14 secondary on-site safety shoe mobile/truck events for fitting, sizing and distribution of safety shoes.

• Each event will last between 1 and 3 consecutive days based on need for trying on, purchasing and distributing footwear.

• First event shall be scheduled within 2 weeks of award.

• 2 trucks must be available during initial event and, if required, during secondary events.

• A computerized point of sale system must be available during the event.

• Government personnel shall be able to try on and acquire the shoes/boots on-site.

• Shoe warehouse should be located within a reasonable distance so the truck can be restocked for subsequent days of distribution during the event.

• At least 50% of the male and 50% of the female styles available on the vehicles for immediate distribution during the visit must be below the Subsidy threshold for the footwear category that particular style falls within.

• At least 7 styles of women’s safety boots/shoes will be on display and available.

• A minimum of 4 different pairs of “office style” safety shoes, including 1 slip-on pair, will be on display and available.

3.4. Online Shoe Catalog Requirements:

• The contractor shall provide the Government with an online and/or physical catalog option that contains an assortment of safety footwear stated in section 3.1.

• The online shoe catalog shall allow Government personnel to procure the safety footwear without payment at the time of purchase. Invoicing and payment shall adhere to the procedures listed in section 3.4.

• The contractor shall ensure the shoe catalog provides an assortment of sizes and varieties for various Government personnel.

• The contractor shall ensure that their online inventory includes the minimum quantity at or below the Government subsidy as stated in section 3.2.1, 3.2.2, 3.2.3, and 3.2.4.

• If the Government procures safety footwear through the Online Shoe Catalog, the contractor shall deliver the shoes within 7 days after receipt of purchase. In the event that an abnormal shoe order is ordered and the contractor cannot meet the 7 day delivery date, the contractor shall immediately notify Government personnel.

3.4 Invoicing and Payment

3.4.1 The Government will reimburse the contractor up to the stated subsidy threshold for each footwear category (e.g. $105 for general safety shoes). Any difference between the contractor’s proposed price for a particular shoe/boot and the stated subsidy threshold amount will be paid by the individual Government employee during the truck event, or phone for catalog ordering at time of purchase. The Government portion of the bill will be invoiced and paid for at a later date. The contractor will only be reimbursed for the full price of the shoe if the shoe price is less than the subsidy amount.

3.4.1.1 For example, a safety shoe that is proposed at $120 per pair will have the $105 subsidy applied to that pair that will be invoiced to and paid by the Government. The remaining $15 delta amount will be paid by the employee via the computerized point of sale system that must be available during the event or via phone.

3.4.1.2 For another example, a safety shoe that is proposed at $100 per pair will be invoiced to and paid by the Government for the $100 proposed price and NOT for the $105 subsidy amount. In this case, the individual Government employee does not owe the contractor any payment.

3.4.2 No later than 2 weeks after the conclusion of each truck event the contractor shall provide the Government with a detailed itemized invoice that captures all of the purchased footwear, to include at a minimum footwear prices, previous employee payment amounts and the delivery status.

3.4.3 If additional safety footwear is required beyond the Government’s estimated NTE amount, the contractor shall utilize the FAR 13.302-2 Unpriced Purchase Order procedures set forth in section 1.2. Additional safety shoes can be ordered to restock emergency supply, not to exceed funds remaining in contract or over subsidy of boot style.

3.5 Returns

1. The contractor shall provide return shipping labels for shoes with manufacturer defects and wrong sizes.

Any returns due to comfort/ fashion issue will be paid for by the individual Government employee.

4. DATA REQUIREMENTS

Not applicable

5. SECURITY REQUIREMENTS

5.1 The contractor shall be escorted onto the site, observed while they perform the work, and escorted off the site.

5.2 Escorted visit. Escorted visits are required for any person who is not assigned to NNSY/NFPC and/or does not have a valid security 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

Installation Access for Visitors/Contractors

All visitors/contractors having a valid purpose for access shall submit a completed and signed Form 5512 to their identified Government sponsor 10 days prior to the date of their required visit.

Blocks 1-24 and 26-31 shall be completed and form dated/signed by the visitor/contractor.

Visitor/Contractor shall retain a copy of the form 5512 to present on the first day at the installation.

Note: It is critical that start/end dates/work hours are identified, accurate, and short term visitors/contractors are not granted extended or after-hours access if not required Reporting to PNY-A for the first time

Visitor/Contractor Responsibility

Visitor shall report to the location designated by their sponsor (Security Office or other designated location, Pass and ID office) or if operating a Commercial Vehicle requiring inspection; to the Vehicle Inspection Station.

Visitor/Contractor shall present their completed and signed

The Sentry or Security Assistant shall verify vetting is cleared and issue the appropriate passes. If visitor/contractor has not completed the 5512/1 their access will be delayed until they correct the form.

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

5.3 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.

5.4 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********

5.5. 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

5.6. 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 shall occur at the following Government site:

Naval Foundry and Propeller Center 1701 Kitty Hawk Avenue, Between Buildings 20 and 592 Philadelphia, PA 19112

7. TRAVEL

Not applicable.

8.0 GOVERNMENT FURNISHED PROPERTY

9.0 GOVERNMENT FURNISHED INFORMATION

Not applicable.

10. PURCHASES

Not applicable.

11. COUNTERFEIT MATERIAL PREVENTION

Not applicable.

12. PERSONNEL

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

14.0 SPECIAL REQUIREMENTS

CLAUSES INCORPORATED BY FULL 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.

(End of text)

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS (NAVSEA) (MAR 2019)

(a) Commercial Supplier Agreement means End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement.

(b) Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer without hyperlinks.

(c) The contract/order Schedule and Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions—Commercial Items, shall take precedence over any conflicting provisions in a Commercial Supplier Agreement.

(d) If any requirement in the Commercial Supplier Agreement conflicts with Federal law or regulations (see FAR 12.212(a)), the following shall apply:

(i) Any such requirement is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such requirement 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 requirement.

(iii) Any such requirement is deemed to be stricken from the Commercial Supplier Agreement.

(e) 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.

(f) Changes to the Commercial Supplier Agreement. Unilateral changes of the Commercial Supplier Agreement are impermissible and any requirement authorizing such changes is unenforceable. Changes must be in writing and executed by both parties to be effective.

(g) Third Part License (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.

(h) Audits. In lieu of any audit provisions in the Commercial Supplier Agreement, the Government 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 Government conduct an internal audit to ascertain and verify the number of licenses in use and to verify that the Government’s use of the product is in conformity with this Agreement. The Government is not required to use any tools provided by the Contractor to conduct the audit and shall not be required to pay for any tools provided by the Contractor to conduct the audit. The results of any such audit shall be kept confidential.

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

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

(j) 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 among Government employees 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 authorized users are 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 agency. 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.

(k) Litigation. Any requirement 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 and unenforceable.

(l) Equitable Remedies. Equitable remedies, injunctive relief, and binding arbitration requirements shall not be enforced unless explicitly authorized by agency guidance or statute.

(m) Venue. Any claim or dispute shall be resolved under the Contract Disputes Act and FAR 52.233-1. The forum for resolution of disputes and applicable statutes of limitation shall be governed by federal law.

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

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.

N64498-19-Q-5166.

(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.

Section D - Packaging and Marking

D-246-H002 WARRANTY NOTIFICATION FOR ITEM(S) 0001—BASIC (NAVSEA) (OCT 2018)

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT ________ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP FOR ________________ FROM DATE OF ACCEPTANCE. IF

ITEM IS DEFECTIVE NOTIFY _______________________ AND PCO.

(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

E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (NAVSEA) (OCT 2018)

Item(s) 0001 - 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 12 mths. ADC 1 NAVAL FOUNDRY & PROPELLER

CENTER

THOMAS NEHER

1701 KITTY HAWK AVE

RECEIVING GATE 3

PHILADELPHIA PA 19112

215-897-2258 FOB: Destination

N00151

F-247-H004 RESTRICTIONS FOR SHIPPING TO MILITARY AIR OR WATER PORT/ TERMINAL

(NAVSEA) (OCT 2018)

The Contractor shall not ship directly to a military air or water port/terminal without authorization by the cognizant Contract Administration Office.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT

OFFICE (NAVSEA) (JUN 2018)

(a) The following table of payment office allocation methods applies to the extent indicated.

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

Su pp ly

Se rv ic e

C on st ru ct io n

Payment Office Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

Cost Voucher N/A X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

N/A N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

Contract/Order Payment Clause

Type of Payment Request

Su ic e

C on st ru ct io n

Payment Office Allocation Method

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice N/A N/A N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

N/A N/A N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

N/A N/A N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance- Based Payments

Performance- Based Payments*

N/A N/A N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

N/A N/A N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

Contract/Order Payment Clause

Type of Payment Request

Su ic e

C on st ru ct io n

Payment Office Allocation Method

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(b) This procurement contains the following contract type(s):

Item Type*

0001 FFP

FP – Fixed Price

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND

RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel

- that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) Angela Cusati Contracting Officer/Branch Manager (Acting), Code 0223 Naval Surface Warfare Center, Philadelphia Division 5001 South Broad Street Philadelphia, PA 19112-5083

(ii) The Contract Specialist is:

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

(d) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.

The Technical Point of Contact (TPOC) is:

Thomas Neher 215-897-2258 Email: thomas.neher@navy.mil

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 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 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

52.213-3 Notice to Suppliers APR 1984 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 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 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 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

MAR 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and…