N6449822Q5032_RFQ.pdf
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- UPS Uninterruptible Power Supply Reduction Federal contract opportunity
- Solicitation number
- N6449822Q5032
About this file
This is a solicitation from the Department of the Navy Naval Sea Systems Command for uninterruptible power supplies and battery cabinets. The contractor shall provide five 3kVA UPS units, four 3kVA UPS battery cabinets, three 0.8kVA UPS units, and seven 0.8kVA UPS battery cabinets. Delivery is required within nine months of order receipt to a facility in Philadelphia. The solicitation includes standard contract terms and conditions for commercial items as well as requirements to track serialized items, comply with counterfeit material prevention standards, and meet small business subcontracting goals.
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SEE ADDENDUM
(No Collect Calls)
N6449822Q5032 02-Mar-2022
b. TELEPHONE NUMBER
215-897-2235
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 04 Apr 2022
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
JILLIAN RANDAZZO
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.
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVAL SURFACE WARFARE CENTER PHILA
CODE 0223, JILLIAN RANDAZZO
215-897-2235, JILLIAN.RANDAZZO@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 N64498 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 SURFACE WARFARE CENTER PHILA
HUNG PHAN
NSWC PHILADELPHIA DIVISION
NSLC DETACHMENT
1601 LANGLEY AVE BLDG 542
PHILADELPHIA PA 19112
TEL: 215-897-7260 FAX:
FAX:
TEL: 215-897-2235
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
335999
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 OF110
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.
N6449822Q5032
Section A - Solicitation/Contract Form
CONTINUATION SHEET
Standard Form (SF) 1449 – Solicitation / Contract / Order for Commercial Items
NOTE: THIS SOLICITATION IS FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH
FAR PART 13.5 SIMPLIFIED PROCEDURES FOR COMMERCIAL ITEMS
1. Block 8
Offer Due Date / Local Time: 04 April 2022 by 3:00 P.M. Local Time
EMAIL OFFERS ARE AUTHORIZED
Emailed Offers shall be sent to: jillian.randazzo.civ@us.navy.mil
FACSIMILE OFFERS ARE NOT AUTHORIZED
2. Block 17a: Offeror’s assigned DUNS Number: ___________________________.
Offeror’s CAGE CODE: ________________________.
3. Are you registered in System for Award Management (SAM)?
( ) YES ( ) NO
You will not be eligible for award if you are not registered in the System for Award Management (SAM). If you have previously registered, make sure that your registration has not expired.
~NOTE: Offeror’s should ensure that all clauses, certifications, and representations within this solicitation have been accurately completed.
VERY IMPORTANT: The vendor must certify their agreement to these terms and conditions of the solicitation by signing and dating page one (1) of form SF1449.
NOTE: ALL ITEMS ARE BRAND NAME ONLY
In accordance with 252.215-7010 please submit Other Than Certified Cost or Pricing Data with your proposal submission in order to support your proposal.
mailto:jillian.randazzo.civ@us.navy.mil
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 5 Each 3kVA UPS (833-01AY)
FFP
3kVA UPS (P/N 833-01AY) BRAND NAME ONLY
NOTE: The requirements in DFARS 252.211-7003, Item Identification and
Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PSC CD: 5975
NET AMT
0002 4 Each 3kVA UPS Batt Cab (898-01A)
FFP
80kW Battery Cabinet (P/N 898-01A) BRAND NAME ONLY
NOTE: The requirements in DFARS 252.211-7003, Item Identification and
Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0003 3 Each 0.8kW UPS (841-01AY)
FFP
0.8kW UPS (841-01AY) BRAND NAME ONLY
NOTE: The requirements in DFARS 252.211-7003, Item Identification and
Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0004 7 Each 0.8kW UPS Batt Cab (893-01A)
FFP
0.8kW UPS Batt Cab (893-01A) BRAND NAME ONLY
0005 1 Lot Shipping
FFP
Shipping
Section C - Descriptions and Specifications
STATEMENT OF WORK
UPS Uninterruptible Power Supply Reduction
1.0 INTRODUCTION
1.1 BACKGROUND
The Electrical Energy Storage & Auxiliary Electrical Power Systems of the Electrical Power Systems Division of the Naval Surface Warfare Center, Philadelphia Division (NSWCPD), provide engineering and technical support relating to uninterruptible power supplies (UPS). As the UPS In-Service Engineering Agent, we support the Navy by performing maintenance grooms, ship modifications, and engineering designs related to UPS for various ship classes.
1.2 SCOPE OF WORK
The contractor shall provide Uninterruptible power supplies and battery cabinets to be used as a backup power supplies for Hull, Mechanical, and Electrical (HM&E) systems. The total quantities are provide in the below table. These purchases will be made through a base award and a series of options which are detailed in section 3.0.
Equipment Part Numbers Qty
3kVA UPS (833-01AY) 5
3kVA UPS Batt Cab (898-01A) 4
0.8kW UPS (841-01AY) 3
0.8kW UPS Batt Cab (893-01A) 7
2.0 APPLICABLE DOCUMENTS
2.1 MIL-STD-461G Requirements for the Control of Electromagnetic Interference Characteristics of
Subsystems and Equipment
2.2 MIL-STD-45662A Calibration Systems Requirements
2.3 MIL-STD-285 Method of, Attenuation Measurement of Enclosures, Electromagnetic Shielding, for
Electronic Test Purposes
2.4 MIL-STD-167/1 Mechanical Vibrations of Shipboard Equipment
2.5 MIL-S-901D (NAVY) Military Specification, Shock Tests, H.I. (High Impact); Shipboard Machinery, Equipment and Systems, Requirements for
These documents can be referenced at: https://assist.dla.mil/online/start/index.cfm
The Contractor shall reference and utilize the latest version available when performing tasks within this PWS.
3.0. REQUIREMENTS
The contractor shall provide the following materials for delivery within 9 months after receipt of order:
CLIN Description & Part Number Qty.
0001 3kVA UPS (833-01AY) 5 https://assist.dla.mil/online/start/index.cfm
0002 3kVA UPS Batt Cab (898-01A) 4
0003 0.8kW UPS (841-01AY) 3
0004 0.8kW UPS Batt Cab (893-01A) 7
3.2 Commonality of Systems, Subsystems, and Components
3.2.1 In line with C-211-H019 Commonality and Standardization (NAVSEA), contractors are directed to develop and implement a Commonality and Standardization Plan. When selecting equipment/components, the Contractor shall utilize NAVSEA Enterprise Commonality Virtual Shelf (VS) (https://www.pdrep.csd.disa.mil/default.htm) before other tools.
3.2.2 Inquiries regarding issues with account creation or level of access on the Virtual Shelf should be sent via e-mail to commonality_program@navy.mil with the contract number, and the COR and PCO name, email address and phone number.
3.3 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete
Materials or Components
3.3.1 The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting officer.
3.4 Diminishing Manufacturing Sources and Material Shortages Management (DMSMS) Contract
Requirements N/A, commercial hardware contract
3.5 Parts Obsolescence
3.5.1 The contractor shall establish and implement a parts obsolescence program. In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required to notify the contracting officer and publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance notice of production phase-out to NSWCPD.
4.0 DATA REQUIREMENTS
N/A, hardware contract with no data requirements
5.0 SECURITY REQUIREMENTS
N/A, commercial hardware contract with no security requirements
5.4 OPERATIONS SECURITY (OPSEC)
5.4.1 The Contractor shall protect critical information associated with this contract to prevent unauthorized disclosure. The NSWC Philadelphia Division's (NSWCPD) Critical Information List (CIL)/ CIIL (Critical
Indicators and information list) will be provided on site, if warranted. Performance under this contract requires the contractor to adhere to OPSEC requirements. The Contractor may not impose OPSEC requirements on its subcontractors unless NSWCPD approves the OPSEC requirements. During the period of this contract, the
Contractor may be exposed to, use, or produce, NSWCPD Critical Information (CI) and/or observables and indicators which may lead to discovery of CI. NSWCPD’s CI will not be distributed to unauthorized third parties, including foreign governments, or companies under Foreign Ownership, Control, or Influence (FOCI) unless such https://www.pdrep.csd.disa.mil/default.htm
FOCI has been appropriately mitigated through measures approved by the Defense Counterintelligence and Security
Agency. Questions concerning these requirements shall be directed to the PCO.
5.4.2 CUI correspondence transmitted internally on the contractor's unclassified networks or information systems, and externally, shall be protected per NIST SP-800-171, Protecting Controlled Unclassified Information (CUI) in
Non-federal Systems and Organizations.
Assembled large components/systems being transported to and from testing areas, other production or government facilities (whether or not on public roadways) shall be in an enclosed van trailer or covered flatbed trailer.
Component/System outside storage, staging, and test areas shall be shielded/obscured from public view wherever physically possible.
5.4.3 NSWCPD’s CI shall not be publicized in corporate wide newsletters, trade magazines, displays, intranet pages or public facing websites. Media requests related to this project shall be directed to the PCO, and the COR who will forward the required to the NSWCPD Public Release Authority for review.
5.4.4 Any attempt by unauthorized third parties to solicit, obtain, photograph, or record, or; incidents of loss/compromise of government Classified or CI, Business Sensitive, Company Proprietary information related to this or other program must be immediately reported to the contractor's Facility Security Officer and Cognizant
Security Office and/or the Naval Criminal Investigative Service, and the NSWC PD Security Division (Code 105).
5.5 RECEIPT, STORAGE, AND GENERATION OF CONTROLLED UNCLASSIFIED INFORMATION
(CUI)
All Controlled Unclassified Information (CUI) associated with this contract must follow the minimum marking requirements of DoDI 5200.48, Section 3, paragraph 3.4.a, and include the acronym "CUI" in the banner and footer of the document. In accordance with DoDI 5200.48, CUI must be safeguarded to prevent Unauthorized Disclosure (UD). CUI export controlled technical information or other scientific, technical, and engineering information must be marked with an export control warning as directed in DoDI 5230.24, DoDD 5230.25, and Part 250 of Title 32, CFR. Nonfederal information systems storing and processing CUI shall be protected per NIST SP-800-171, or subsequent revisions. All transmissions to personal email accounts (AOL, Yahoo, Hotmail, Comcast, etc.) and posting on social media websites (Facebook, Instagram, Twitter, LinkedIn, etc.) are prohibited. Destroy CUI associated with this contract by any of the following approved methods: A cross-cut shredder; a certified commercial destruction vendor; a central destruction facility; incineration; chemical decomposition; pulverizing, disintegration; or methods approved for classified destruction.
5.6 PLANNING, PROGRAMMING, BUDGETING AND EXECUTION (PPBE) DATA.
When contractor employees, in the performance of their duties, are exposed to Planning, Programming, Budgeting and Execution (PPBE) data, a Non-Disclosure Agreement (NDA) with all affected contactor personnel must be executed in coordination with the COR and PCO to ensure safeguarding disclosure of this data.
5.7 U-NNPI SECURITY REQUIREMENTS
N/A, commercial hardware contract with no NNPI requirements
6.0 PLACE OF PERFORMANCE
N/A, work to be completed wherever manufacturer and/or supplier are located. Commercial hardware contract with no labor requirements
7.0 TRAVEL
N/A, commercial hardware contract with no travel requirements
8.0 GOVERNMENT FURNISHED PROPERTY
N/A, no GFP included
9.0 GOVERNMENT FURNISHED INFORMATION
N/A, no GFI included
10.0 PURCHASES
N/A, commercial hardware contract
11.0 COUNTERFEIT MATERIAL PREVENTION
11.1 Electronic End-Items
11.1.3 Preventing Counterfeit Parts and Materials
The Contractor shall take steps as defined in DFARS 252.246-7007 and herein to minimize the risk of receiving counterfeit parts and materials. The Contractor shall:
• Maximize availability of authentic, originally designed and/or qualified parts throughout the product’s life cycle, including management of parts obsolescence
• Assess potential suppliers to minimize the risk of receiving counterfeit parts or materials
• Maintain a listing of approved suppliers with documented criteria for approval and removal of suppliers from the list
• Have purchasing procedures which require the selection of parts and materials from OM or authorized suppliers whenever possible
• Require a certificate of compliance and supply chain traceability for all electronic part purchases, and provide to the Government upon request
• Use Government or industry services such as GIDEP and other commercially available services to identify part or supplier quality or authenticity problems
• Define minimum inspection and test requirements for parts being procured from unauthorized suppliers, and shall ensure that in-house, third-party, and/or distributor inspection and test procedures and facilities comply with these requirements
• Incorporate procurement clauses which plainly identify quality requirements and liability to all approved suppliers
• Flow the requirements above to affected Subcontractors
SAE AS6174 contains information regarding the detection, avoidance, and mitigation of counterfeit materiel, and may be used as a reference document for meeting the above steps.
Parts and materials shall not be purchased from unauthorized sources (e.g. independent distributor or broker) unless there is no other means for procurement. In isolated cases when an unauthorized supplier is the only possible choice for procurement, an Unauthorized Supplier Purchase Report shall be provided to the Contracting Officer and program office.
The report shall contain the following information:
• Reason why an authorized supplier or original component manufacturer (OM) could not provide the part or material
• Product certificate of conformance with traceability to the OM, if available
• Verification and authenticity data results (e.g., visual inspection, marking/surface finish permanency, DPA, Scanning Acoustic Microscopy, Energy Dispersive X-Ray Spectroscopy, Fourier Transform Infrared (FTIR)
Spectroscopy, Rockwell Hardness Test, etc.) SAE AS5553 contains information regarding the detection, avoidance, and mitigation of counterfeit electronic components, and may be used as a reference document for meeting the above steps.
11.1.8 Containing Counterfeit Parts and Materials
Suspect counterfeit parts and materials shall be impounded with all other items from the same lot. The contractor shall identify and locate all potential users or hardware items with the suspect part or material, and contain product which has this suspect product, pending confirmation of the part or material’s authenticity. The OM may be involved at this point in order to verify authenticity. Confirmed counterfeit material shall be contained and provided to investigative agencies for ongoing investigation or prosecution. The counterfeit product shall not be scrapped or otherwise disposed of without approval from investigative authorities or the program office. Confirmed counterfeit product shall not be returned or handled in a way which would allow its resale or reuse. Suspect counterfeit parts or materials whose authenticity (or lack of) cannot be definitively determined, shall be dispositioned via Material
Review Board (MRB).
11.1.9 Reporting Counterfeit Parts and Materials
The prime contractor and program office shall be notified of the occurrence of a suspect or confirmed counterfeit part or material, and the actions taken to identify, contain, and impound all product from the lot. The contractor shall also contact the OM, and supplier if applicable. The contractor shall initiate and submit an ALERT to the
Government-Industry Data Exchange Program (GIDEP) within 60 days of knowledge of the counterfeit part or material. The contractor shall notify the appropriate parties to document the case for legal action if required (e.g., contracting officer, DOD Office of Inspector General).
11.1.10 Nonconforming Material and Parts
Electrical components which fail during production or acceptance testing shall be assessed to determine if the supplier of the part was an authorized supplier for the manufacturer. Analysis of these failures shall include assessment of part authenticity (potential of being counterfeit or fraudulent).
11.1.11 Warranty “Counterfeit”
11.1.11.1 Seller warrants the goods delivered pursuant to this Contract, unless specifically stated otherwise in this
Contract, shall (i) be new (ii) be free from defects in workmanship, materials, and design and (iii) be in accordance with all the requirements of this Contract. Seller further warrants that the performance of work and services shall conform with the requirements of this Contract and to high professional standards. All warranties in this Contract shall survive inspection, test, final acceptance and payment of goods and services.
11.1.12.3 Seller warrants without limitation as to time that any hardware, software and firmware goods delivered under this Contract: (i) shall not contain any viruses, malicious code, Trojan horse, worm, time bomb, self-help code, back door, or other software code or routine designed to: (a) damage, destroy or alter any software or hardware; (b) reveal, damage, destroy, or alter any data.
11.1.13 Counterfeit Mitigation
Seller warrants that the goods delivered pursuant to this Contract shall (i) be and only contain materiels obtained directly from the OM or an authorized OM reseller or distributor; (ii) not be or contain Counterfeit Items, as defined below; and (iii) contain only authentic, unaltered OM labels and other markings. Seller shall obtain and retain all documentation required to fully trace the distribution and sale of the goods delivered hereunder back to the relevant
OM, and, on request of Buyer, shall provide such authenticating documentation. Counterfeit Items include, but are not limited to, goods or separately-identifiable items or components of goods that: (i) are an illegal or unauthorized copy or substitute of an OM item; (ii) are not traceable to an OM sufficient to ensure authenticity in OM design and manufacture; (iii) do not contain proper external or internal materials or components required by the OM or are not constructed in accordance with OM design; (iv) have been re-worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OM design but not disclosed as such or are represented as OM authentic or new; (v) have not passed successfully all OM required testing, verification, screening, and quality control processes; or (vi) an item with altered or disguised documentation, package labeling, or item marking intended to mislead a person into believing a non-OM item is genuine, or that an item is of better or different performance when it is not. Seller further warrants that it has and shall have an internal Counterfeit Item control process for goods delivered hereunder in accordance with the standards or instructions set forth in any Buyer's specifications, including but not limited to specifications, or other provisions incorporated into this Contract. Buyer shall have the right to audit, inspect, and / or approve the processes at any time before or after delivery of the goods ordered hereunder. Buyer shall have the right to require changes to the processes to conform to Buyer's defined standards, if any. Failure of the Seller to conform its processes to Buyer's defined standards may result in the termination of this Contract in accordance with the termination provisions set forth herein. Seller shall include this clause in any agreement between Seller and its lower tier sellers.
11.1.14 Seller warrants that any hardware, software and firmware goods delivered under this Contract: (i) shall not contain any viruses, malicious code, Trojan horse, worm, time bomb, selfhelp code, back door, or other software code or routine designed to: (a) damage, destroy or alter any software or hardware; (b) reveal, damage, destroy, or alter any data; (c) disable any computer program automatically; or (d) permit unauthorized access to any software or hardware; (ii) shall not contain any third party software (including software that may be considered free software or open source software) that (a) may require any software to be published, accessed or otherwise made available without the consent of Buyer, or (b) may require distribution, copying or modification of any software free of charge; and (iii) shall not infringe any patent, copyright, trademark, or other proprietary right of any third party or misappropriate any trade secret of any third party.
11.2 Non-Electronic Materiels
11.2.1 Department of the Navy contractors (and their subcontractors at all tiers) who obtain critical or high risk materiel shall implement a risk mitigation process as follows:
11.2.1.1 If the materiel is currently in production or currently available, materiel shall be obtained only from authorized suppliers
11.2.1.2 If the materiel is not in production or currently available from authorized suppliers, materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria
11.2.1.3 Contractor shall notify the contracting officer when critical or high risk materiel cannot be obtained from an authorized supplier;
11.2.1.4 Contractor shall take mitigating actions to authenticate the materiel if purchased from an unauthorized supplier
11.2.1.5 Contractor shall report instances of counterfeit and suspect counterfeit materiel to the contracting officer and the GIDEP as soon as the contractor becomes aware of the issue.
12.0 PERSONNEL
N/A, commercial hardware contract with no personnel requirements
13.0 NSWCPD ELECTRONIC COST REPORTING AND FINANCIAL TRACKING (ECRAFT) SYSTEM
N/A, commercial hardware contract with no labor requirements
14.0 SPECIAL REQUIREMENTS
None
CLAUSES INCORPORATED BY FULL TEXT
C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)
(a) Department - means the Department of the Navy.
(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the
Department of the Navy or his duly appointed successor.
(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.
(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National
Stock Number (NSN) respectively which shall be defined as follows:
(1) National Item Identification Number (NIIN). The number assigned to each approved Item
Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.
(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.
(End of text)
C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)
(OCT 2018)
(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.
(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:
(1) The support contractor not disclose any information;
(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;
(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,
(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.
(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.
(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring
Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.
C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)
Approval by the Government as required under this contract and applicable specifications shall not relieve the
Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.
C-211-H019 COMMONALITY AND STANDARDIZATION (NAVSEA) (FEB 2019)
The Contractor shall develop and implement a Commonality and Standardization Plan, reducing range and increasing depth of like equipment, to enhance supportability, minimize life cycle costs, and increase system readiness and interoperability across ships/ship classes through the selection of equipment and components which are, to the maximum extent possible, (1) common for application within the TBD Class and (2) common with equipment/components currently installed in U.S. Navy ships. The Contractor shall utilize both Industry (e.g., the
Common Parts Catalog) and Government (e.g., NAVSEA Enterprise Commonality Virtual Shelf and the Hull, Mechanical and Electrical Equipment Data Research System (HEDRS)) tools to implement its Commonality and Standardization Plan. For selecting Hull Mechanical and Electrical (HM&E) equipment/components, the
Contractor shall utilize NAVSEA Enterprise Commonality Virtual Shelf before other tools, if the items meet the contract requirements. The Virtual Shelf is a web-based repository of HM&E equipment/components that meet cross-platform requirements and specifications and provide superior Total Ownership Cost (TOC). Information to gain access to the Virtual Shelf is located on the following web site:
https://www.dau.mil/team/virtualshelf/SitePages/Home.aspx.
C-212-W001 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS ADDENDUM TO 52.212-4
(NAVSEA) (OCT 2018)
(o) Warranty -- append the following to paragraph (o):
The contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause nor does it limit the
Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The standard commercial warranty period shall begin upon final acceptance of the applicable material and/or services listed in the
Schedule.
The contractor shall provide a copy of its standard commercial warranty (if applicable) with its offer. The warranty covers a period of months. (Offeror is to insert number.)
The following information is hereby appended to the clause:
(w) Data Rights. The Government shall have data rights to all data generated under this contract or order in accordance with DFARS 252.227-7015.
(x) Ordering. The agency authorized to place delivery orders against this contract is: [Add ordering activity name].
Delivery orders will be placed against this contract, by the Government, using the SF 1449.
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.
N6449822Q5032.
(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following
"the specifications" in the order of precedence.
C-233-H001 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT--BASIC (NAVSEA) (OCT
2018)
(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the
Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.
(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:
(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work.
Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;
(2) Description of work necessary to undo work already completed which has been deleted by the change;
(3) Description of work not required by the terms hereof before the change, which is substituted or added by the change. A list of components and equipment (not bulk materials or items) involved should be included. Separate descriptions are to be furnished for design work and production work;
(4) Description of interference and inefficiencies in performing the change;
(5) Description of each element of disruption and exactly how work has been, or will be disrupted:
(i) The calendar period of time during which disruption occurred, or will occur;
(ii) Area(s) aboard the vessel where disruption occurred, or will occur;
(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;
(iv) Scheduling of trades before, during, and after period of disruption;
(v) Description of measures taken to lessen the disruptive effect of the change;
(6) Delay in delivery attributable solely to the change;
(7) Other work attributable to the change;
(8) Supplementing the foregoing, a narrative statement of the direct "causal" relationship between any alleged
Government act or omission and the claimed consequences therefor, cross-referenced to the detailed information provided as required above; and
(9) A statement setting forth a comparative enumeration of the amounts "budgeted" for the cost elements, including the material costs, labor hours and pertinent indirect costs, estimated by the Contractor in preparing its initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred and/or projected to be incurred corresponding to each such "budgeted cost" elements.
(c) Each proposal in excess of $100,000 submitted in support of a claim for equitable adjustment under any requirement of this contract shall, in addition to the information required by paragraph (b) hereof, contain such information as the
Contracting Officer may require with respect to each individual claim item.
(d) It is recognized that individual claims for equitable adjustment may not include all of the factors listed in paragraph
(b) above. Accordingly, the Contractor is required to set forth in its proposal information only with respect to those factors which are comprehended in the individual claim for equitable adjustment. In any event, the information furnished hereunder shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, submitted pursuant to paragraph (c) of this requirement, with the information submitted pursuant to paragraph (b) hereof.
C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.
Section D - Packaging and Marking
D-246-H002 WARRANTY NOTIFICATION FOR ITEM(S) 0001-0004—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 ___________ (Offeror is to insert number.) FROM DATE OF
ACCEPTANCE. IF ITEM IS DEFECTIVE NOTIFY ________TPOC________ AND PCO.
(End of Text)
D-247-H002 PACKAGING OF SUPPLIES—BASIC (NAVSEA) (DEC 2020)
Item(s) 0001-0004 The supplies furnished hereunder shall be packaged in accordance with ASTM-D-3951-18, Standard
Practice for Commercial Packing.
D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government 0005 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (NAVSEA) (OCT
2018)
Item(s) 0001-0004 - Inspection and acceptance shall be made at destination by a representative of the Government.
E-246-W002 CERTIFICATE OF COMPLIANCE (NAVSEA) (OCT 2018)
(a) A certification of material shall be provided by the Contractor, one (1) copy to accompany the shipment (in the packing list envelope) and (l) copy mailed to arrive at time of receipt of the shipment. Mark all certificates to the attention of Code 00Q.
(b) The certificate shall state compliance of material with drawing specification and contract/order requirements. The certificate shall as a minimum state the company name, contract/order number, drawing or specification number, and date. The certificate shall state, above the signature of a legally authorized representative of the company, the following:
This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
(c) Failure to provide certification at the time of shipment may result in material being rejected and returned at the contractor's expense.
(d) The certificate shall read as follows:
I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies called for by the Order/Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this document.
Date of Execution: ________________________________
Signature: _______________________________________
Typed Name: ____________________________________
Title: ___________________________________________
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 9 mths. ADC 5 NAVAL SURFACE WARFARE CENTER
PHILA
HUNG PHAN
NSWC PHILADELPHIA DIVISION
NSLC DETACHMENT
1601 LANGLEY AVE BLDG 542
PHILADELPHIA PA 19112
215-897-7260
N64498
0002 9 mths. ADC 4 (SAME AS PREVIOUS LOCATION)
0003 9 mths. ADC 3 (SAME AS PREVIOUS LOCATION)
0004 9 mths. ADC 7 (SAME AS PREVIOUS LOCATION)
0005 9 mths. ADC 1 (SAME AS PREVIOUS LOCATION)
52.211-17 Delivery of Excess Quantities SEP 1989
52.247-34 F.O.B. Destination NOV 1991
F-242-H001 CONTRACTOR NOTICE REGARDING LATE DELIVERY (NAVSEA) (OCT 2018)
In the event the contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, the contractor shall immediately notify, in writing, the Contracting Officer and the cognizant Contract
Administration Services Office, if assigned. The notice shall give the pertinent details; however, such notice shall not constitute a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.
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
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.
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
____________________COMBO________________________________________
(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.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(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 N64498
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) Payment request. 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) WAWF email notifications of invoices shall be sent to: TBD
(3) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
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
S u p p ly
S er v ic e
C o n 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 X 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)
X 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.
52.232-1, 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 X 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.
Contract/Order Payment
Clause
Type of Payment
Request
S u p p ly
S er v ic e
C o n st ru ct io n
Payment Office
Allocation Method
52.232-5, Payments Under
Fixed-Price Construction
Contracts
Construction
Payment Invoice
N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable…
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