N6449824R4030 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this admendment is to update the SOW in Section C as follow s:

1) Remove the follow ing language in Section 4 of the SOW:

“This section is for reference only and should be edited to list the CDRL numbers and titles that are attached in Section J and that may be referenced in other area of the SOW ** Some DIDs are cited throughout this SOW template as examples to assist document preparers, t hese should be deleted. No DID number should be specifically cited in this section nor elsew here in the finalized SOW”.

2) Remove reference to the DID under Section 11.1.5 and 11.1.6 of the SOW.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 29-Feb-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N6449824R4030

X 9B. DATED (SEE ITEM 11)

06-Feb-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

29-Feb-2024

CODE

NAVAL SURFACE WARFARE CENTER PHILA

CODE 0222, TRACY BIONDO

215-897-8385, TRACY.BIONDO@NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

N64498 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6449824R4030

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SOW

Statement of Work (SOW) for Ship Control System-Government (SCS-Gov)

Synchro System Module (SSM-SD60) Hardware Procurement

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 NSWCPD Code 52, which is responsible for all the In-Service Engineering, Sustainment, Modernization and New Acquisition support for Ship Control Systems on all ship classes.

1.1 BACKGROUND

The Hull, Mechanical and Electrical (HM&E) Ship Control Systems Division (Division 52) of the Naval Surface Warfare Center, Philadelphia Division (NSWCPD), provide services to perform various In-Service Engineering Agent (ISEA) functions such as system sustainment (hardware and software), system modernization and installation support and new system development and integration on new construction platforms. One of the programs under NSWCPD Division 52 responsibility is the Ship Control System-Government (SCS-Gov) Program. SCS-Gov was established in 2010 and contains government designed, developed and maintained hardware and software components.

The Synchro System Module (SSM-SD60) is a critical hardware component within the SCS-Gov configurations. The SSM-SD60, which provides the ability for steering control, was patented by NSWCPD (Patent No.: US 8,193,955 B2) on 05 JUN 2012.

1.2 SCOPE OF WORK

The Contractor shall provide SSM-SD60 hardware devices in adherence with the Technical Data Package provided as Government Furnished Information (GFI). The Technical Data Package includes all required documentation and instructions for the assembly and testing of the SSM- SD60 hardware devices. There are two SSM-SD60 configurations; Enclosure Type and Open Frame Type.

Hardware Year 1 Year 2 Year 3 Year 4 Year 5 SSM-SD60 (Enclosure) 75 75 75 75 75

SSM-SC60 (Open Frame) 25 25 25 25 25 Note: Quantities listed are Not To Exceed (NTE) for the associated contract year.

Government Furnished Property (GFP) will be provided and setup at the contractor facility by the government. Testing instructions and support will also be provided by the government.

2.0 APPLICABLE DOCUMENTS

United States Patent Information Patent No.: US-8193955-B2 https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/8193955

The Contractor shall reference and utilize the latest version available when performing tasks within this PWS.

3.0. REQUIREMENTS

3.1 Synchro System Module (SSM-SD60) Hardware Procurement Support

3.1.1 The Contractor shall procure all SSM-SD60 components associated with the full assembly, per the Government Furnished Information (GFI) provided.

3.1.2 The Contractor shall assemble all SSM-SD60 components, per the Government Furnished Information (GFI) provided.

3.1.3 The Contractor shall test each SSM-SD60 device, per the Government Furnished Information (GFI) provided.

3.1.4 The Contractor shall utilize their own laptop, or desktop, for the testing of the SSM-SD60 hardware devices. The computer used for testing must be capable or running Windows 10 or later Operating System.

3.1.6 The Government shall provide the hardware as GFP and support the setup of the hardware testing environment at the contractor facility.

3.1.7 The Government shall provide the required software as GFP for the testing and final assembly of the SSM-SD60 devices.

3.1.8 The Government shall provide on-site overall testing support at the contractor facility as required.

3.2 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components

3.2.1 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.

3.3 Parts Obsolescence

3.3.1 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 Scott Ramalho at scott.c.ramalho.civ@us.navy.mil.

4.0 DATA REQUIREMENTS

CDRL A001, Contract Status Report

CDRL A002, Counterfeit Prevention Plan

CDRL A003, Government Property Inventory Report (PERIODIC)

CDRL A004, Government Property Inventory Report (FINAL)

CDRL A005, Unauthorized Supplier Purchase Report

5.0 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, which may include the NSWCPD Contractor OPSEC Plan. When the NSWCPD Contractor OPSEC Plan is required, the contractor shall return acknowledgment of the plan within 15 days of receipt. 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 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

Not applicable.

6.0 PLACE OF PERFORMANCE

6.1 The contractor's primary place of performance shall be at the contractor facility. It is estimated that 100% of the work will occur at the contractor facility.

7.0 TRAVEL

Not applicable.

8.0 GOVERNMENT FURNISHED PROPERTY

GFP is required for completion of tasks under this SOW. All Government Furnished Property is property of the U.S. Government and shall not be transferred to any individual or agency, public or private, without the express written approval of the originating Contracting Officer except as required for the specific performance of tasks under this task order. Accountability for Government Property under this task order shall be managed in accordance with FAR Part 45 and DFARS Part 245 as well as the Government Property clauses in the Task Order whether acquired by the prime or subcontractors (Contractor Acquired Property), provided by the Government, or received directly from another commercial source as a deliverable from a Government issued contract.

Additional Government Property accountability requirements are outlined in the following Directives and Instructions and shall be adhered to as applicable:

DODI 4161.02, Accountability & Management of Government Contract Property DoDM 4140.01, DoD Supply Chain Material Management Procedures: Material Returns, Retention and Disposition DODI 5000.64, Accountability & Management of DoD Equipment and Other

Accountable Property OPNAVINST 4440.26B, Operating Materials & Supplies and Government Furnished

Material Management SECNAVINST 5200.43A, Property Management

All GFP identified in Attachment A will be provided no later than 30 days after contract award.

The GFP that will be provided is the SSM-SD60 hardware testing environment, with the exception of the laptop or desktop computer. The image below shows the hardware setup required of the SSM-SD60 test environment.

Item No. Item Name Item Description 1 Allen Bradley PLC Power Supply Power supply for Allen Bradley PLC 2 Allen Bradley PLC Programmable Logic Controller 3 SSM-DS60 Synchro System Module (Digital to Synchro) 4 SSM-SD60 (Enclosure Type) Synchro System Module (Synchro to Digital)

Also use for assembly guidance 5 Cable and Connector Kit All cables and connectors required for interconnection of items.

6 Tester_SD_SSM_7p5MHz.hex Government developed software for low level testing of the SSM-SD60 Printed Circuit Board 7 Allen Bradley PLC Test Software Government developed software for final testing of the SSM-SD60 8 SSM-SD60 (Open Frame Type) Use for assembly guidance

9 SSM_SD60_D_S_Serial.hex SSM-SD60 Final Software 10 Allen Bradley EWEB Module Ethernet Module 11 Allen Bradley Compute Module CPU Module 12 Allen Bradley Serial Module Serial Module 13 Allen Bradley Devicenet Module Devicenet Module

8.1 Reporting

The Contractor shall perform reporting functions and actions to maintain an accurate accounting of property. Receipt Reporting: DFARS 252.211-7007 requires the Contractor to report receipt of all GFP using the PIEE GFP Module.

8.2 Shipping Notification

FAR 52.245-1 requires the Contractor to report when GFP is returned to the Government, and the DoD Vendor Guide requires this notification be provided by posting electronic shipping notification to the PIEE GFP Module.

8.3 Inventory Reporting

FAR 52.245-1 requires the Contractor to periodically perform, record, and disclose physical inventory results. While the FAR clause does not define “periodically,” SECNAVINST 5200.43A requires on-hand inventory count reports to support property type specific inventory requirements as set forth in their respective governing instructions. This report is to be delivered according to Exhibit X, Government Property Inventory Report. The Contractor shall provide support within a reasonable time after the Government’s written request to support any Government audit in which GFP, or its related documentation, is requested as part of normal audit processes.

8.4 Lost, Damaged or Stolen GFP Reporting

FAR clause 52.245-1 requires the Contractor to investigate and report to the Government all incidents of property loss as soon as the facts become known. DFARS 252.245-7002, further requires the Contractor to report lost, damaged or stolen Government property using the Property Loss functionality within the PIEE GFP Module. The Contractor shall support the Government’s process to assign liability and document loss in support of lost, damaged or stolen GFP.

8.5 Excess Property Reporting: SECNAVINST 5200.43A requires unused or excess GFP be properly dispositioned soon as the excess is identified without waiting for formal contract closeout processing.

Recovering excess property from the Contractor via the Plant Clearance Automated Reutilization Screening System (PCARSS) as soon as possible ensures the property is available to fill other requirements and can potentially reduce the administrative costs of the contract.

8.6 Property Disposition

Government Property Distribution shall be in line with FAR 52.245-1(j). The contractor shall provide a written notice to the Contracting Officer when property held under this contract has not been used in 100 calendar days. All General Equipment/assets provided as GFP shall be returned to the Government for disposition at the completion of its use unless otherwise directed in writing by the Contacting Officer and the Accountable Property Officer.

8.6.1 Property Disposition Instructions

Insert disposition instructions/contract language for the contractor regarding excess or unused GFP, Contract Acquired Property (CAP) such as returning to the government (delivery instructions), disposal or transferring to follow-on contracts.

Example: (c) All Contractor Acquired Property shall be delivered to NSWCPD with a DD Form 1149. The DD Form 1149 shall include the following:

• Dollar Value

• Purchase Request Number

• Item Description

• Serial Number

• Model Number

• Quantity

• Task Order Number

• Technical Point of Contact

• Assigned Unique Serialized Identification Number

• All Delivered items for which the Government’s unit acquisition cost is $5,000.00 or more shall have an IUID tag and the corresponding information uploaded into iRAPT (Invoicing, Receipt, Acceptance and Property Transfer)

8.6.2 Issuance of the DD 1149 “Requisition and Invoice/Shipping Document” The contractor must obtain a DD-1149s before removing any Government Furnished Property, including Plant, Property, and Equipment (PP&E) from NSWCPD premises for general use. For situations where the contractor picks up/replaces NSWCPD property for maintenance purposes, the contractor shall provide an equipment receipt, showing Manufacturer, Model/Part Number, Serial Number and Asset Number/Barcode, on their company letterhead to the COR. All GFP returned to the Government shall include a DD 1149 to document transfer of liability back to the Government.

8.7 Contract Closeout Reporting: DFARS clause 252.245-7004 directs the Contractor to provide an inventory schedule using the PCARSS system at contract end to begin the disposition and disposal process. Reports generated by PCARSS and delivered to the Government must be used to update the APSR to ensure accountability of GFP returned or disposed of by the Contractor is maintained.

Government Furnished Materials Reporting: The Contractor shall provide a report for all materials procured and/or furnished. The report shall include the fields required by the GFM module of the PIEE system IAW DFARS 252.211-7007 and PGI 245.103-72 for the purpose of accountability.

9.0 GOVERNMENT FURNISHED INFORMATION

9.1 The contractor is required to fully adhere to the Government Furnished Information (GFI) when producing the Synchro System Module (SSM-SD60). Any deviations from the information provided must be approved by the government.

9.2 All GFI will be provided electronically to the contractor upon award.

9.2.1 Synchro System Module (SSM-SD60) Drawings: This folder contains .pdf files of the required drawings of the SSM assembly, mounting plates and bow drilling dimensions.

(required documentation for manufacturing)

9.2.2 SSM-SD60 Gerber Files: These files are the files required for the Printed Circuit Board (PCB) and solder paste stencil. (required documentation for manufacturing)

9.2.3 SSM-SD60 Shock Pad Materials Revised: This file contains instruction for assembly of the internal shock pads and materials required. (required documentation for manufacturing)

9.2.4 SSM-SD60 Bill Of Materials (Non-PCB): This file lists the parts other than the PCB required to construct the enclosure type SSM-SD60. (required documentation for manufacturing.

9.2.5 SSM-SD60 Bill Of Materials (PCB Only Enclosure Type): This file lists the PCB parts required to construct the enclosure type SSM-SD60. (required documentation for manufacturing.

9.2.6 SSM-SD60 Bill Of Materials (Non-PCB Open Frame Type): This file lists the parts other than the PCB required to construct the open frame type SSM-SD60. (required documentation for manufacturing.

9.2.7 SSM-SD60 Bill Of Materials (PCB Only Open Frame Type): This file lists the PCB parts required to construct the open frame type SSM. (required documentation for manufacturing.

9.2.8 Board Level Testing SSM-SD60: This file describes the low level testing of the SSM-SD60 PCB prior to final assembly of the synchro modules. (required documentation for manufacturing)

9.2.9 SSM_DeviceNet_PLC_Test: This file is the test procedure for the assembled SSM- SD60 devices. (required documentation for manufacturing)

10.0 PURCHASES

11.0 COUNTERFEIT MATERIAL PREVENTION

11.1.1 Counterfeit Parts and Materials Planning

The contractor planning shall document procedures and processes to minimize the risk of procuring and/or using counterfeit parts and materials, and their process for detecting counterfeit materiel in the event it is procured. This requirement applies to both new/modified and existing mission and safety critical hardware. SAE AS5553 contains information regarding the detection, avoidance, and mitigation of counterfeit electronic components, and may be used as a reference document for the development of the plan.

11.1.2 Counterfeit Parts and Materials System

System criteria. A counterfeit electronic part detection and avoidance system shall include risk-based policies and procedures that address, at a minimum, the following areas:

The training of personnel.

The inspection and testing of electronic parts, including criteria for acceptance and rejection.

Tests and inspections shall be performed in accordance with accepted Government- and industry-recognized techniques. Selection of tests and inspections shall be based on minimizing risk to the Government. Determination of risk shall be based on the assessed probability of receiving a counterfeit electronic part; the probability that the inspection or test selected will detect a counterfeit electronic part; and the potential negative consequences of a counterfeit electronic part being installed (e.g., human safety, mission success) where such consequences are made known to the Contractor.

Processes to abolish counterfeit parts proliferation.

Risk-based processes that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic parts are supplied as discrete electronic parts or are contained in assemblies, in accordance with paragraph (c) of the clause at 252.246-7008, Sources of Electronic Parts (also see paragraph (c)(2) of this clause).

Use of suppliers in accordance with the clause at 252.246-7008.

Reporting and quarantining of counterfeit electronic parts and suspect counterfeit electronic parts. Reporting is required to the Contracting Officer and to the Government-Industry Data Exchange Program (GIDEP) when the Contractor becomes aware of, or has reason to suspect that, any electronic part or end item, component, part, or assembly containing electronic parts purchased by the DoD, or purchased by a Contractor for delivery to, or on behalf of, the DoD, contains counterfeit electronic parts or suspect counterfeit electronic parts. Counterfeit electronic parts and suspect counterfeit electronic parts shall not be returned to the seller or otherwise returned to the supply chain until such time that the parts are determined to be authentic.

Methodologies to identify suspect counterfeit parts and to rapidly determine if a suspect counterfeit part is, in fact, counterfeit.

Design, operation, and maintenance of systems to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts. The Contractor may elect to use current Government- or industry-recognized standards to meet this requirement.

Flow down of counterfeit detection and avoidance requirements, including applicable system criteria provided herein, to subcontractors at all levels in the supply chain that are responsible for buying or selling electronic parts or assemblies containing electronic parts, or for performing authentication testing.

Process for keeping continually informed of current counterfeiting information and trends, including detection and avoidance techniques contained in appropriate industry standards, and using such information and techniques for continuously upgrading internal processes.

Process for screening GIDEP reports and other credible sources of counterfeiting information to avoid the purchase or use of counterfeit electronic parts.

Control of obsolete electronic parts in order to maximize the availability and use of authentic, originally designed, and qualified electronic parts throughout the product’s life cycle.

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 (CDRL A005) 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.

11.1.4 Counterfeit Parts and Materials

The Contractor shall provide a Counterfeit Prevention Plan (CDRL A002) that documents procedures to minimize the risk of procuring and/or using counterfeit parts and materials. This plan shall be in accordance with DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detention and Avoidance. Solicitations and subcontracts for all suppliers shall contain a requirement for procedures to minimize the risk of procuring and/or using counterfeit parts and materials.

11.1.4.1 Preventing Counterfeit Parts and Materials

The Contractor shall implement steps as defined in DFARS 252.246-7007 to minimize the risk of receiving counterfeit parts and materials. Parts and materials shall not be purchased from unauthorized suppliers (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, a Technical Report – Study/Services, Unauthorized Supplier Purchase Report (CDRL A005) shall be provided to the contracting officer and the program office. The report shall contain the following information:

• Reason why an authorized supplier or 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, Differential Power Analysis (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.

11.1.5 Counterfeit Parts and Materials

The following minimum processes shall be implemented and flowed down by the Contractor to all subcontractors. In order to minimize the risk of use of counterfeit parts, spare parts and associated equipment.

The contractor shall establish processes to minimize the risk of procuring and using counterfeit parts and materials. The contractor shall document these processes and provide those documented processes to Government representatives upon request.

At a minimum, these processes shall ensure that:

• All components for electronic assemblies and subassemblies are purchased from Original Manufacturer (OM), authorized suppliers, or franchised distributors; At a minimum, the contractor shall ensure that procurement practices and processes to purchase and install components from OM, authorized suppliers, or franchised distributors are flowed down to subcontractors and suppliers at all tiers

• The Contractor shall maximize the use of authentic, originally designed and/or qualified parts

• The contractor shall assess potential suppliers to minimize the risk of receiving counterfeit parts or materials

• The contractor shall have purchasing procedures which confirm whether a selected supplier is authorized (as defined in SAE AS5553) for each purchase

• The contractor shall define minimum inspection and test requirements for parts being procured and shall ensure that in-house, third-party, and/or supplier inspection and test procedures and facilities comply with the requirements of this section. These minimum inspection and test requirements shall specify appropriate test methods to detect potential counterfeit parts and materials

• The contractor shall require a certificate of conformance (as defined in SAE AS5553) and supply chain traceability for all electronic part purchases

• The contractor shall use government or industry services such as GIDEP and other commercially available services to identify part or supplier quality or authenticity problems. The Contractor shall notify (NAME OF PROGRAM OFFICE) of the occurrence of a confirmed counterfeit part or material and the actions taken to identify, contain, and impound all product from the lot, within 7 working days of confirmation of the counterfeit status. The Contractor shall flow down a requirement for similar notification from Subcontractors or suppliers at any tier to the Contractor. 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. Counterfeit parts are defined in SAE Aerospace Standard 5553. Counterfeit parts may be electronic or mechanical in nature. Counterfeit electronic parts may typically be used parts which have been refurbished and represented as new. Commonly counterfeited electronic parts include parts such as microcontrollers or specially screened devices, or common parts, which have several pin-compatible versions from multiple manufacturers, such as memory devices and operational amplifiers. Counterfeit mechanical parts are typically improperly made, marked, or treated products. Examples are improper anodization or heat treatments (or falsified data), mismarked parts sold as higher grade steel, or used/fake parts such as valves or circuit breakers.

11.1.6 Data Item Description

N/A

11.1.7 Grey Market Statement (For CISCO Equipment)

Reseller and Equipment Qualification: Reseller shall certify that it is a CISCO Authorized Channel Partner as of the date of the submission of their offer, and that it has the certification/specialization level required by the Manufacturer to support both the product sale and product pricing, in accordance with the applicable Manufacturer certification/specialization requirements: Please provide proof of certification level with your quote submission. If proof of certification level is not provided with your quote submission, your quote may be considered non‐responsive. Vendor shall warrant that the products are NEW and in their original UNOPENED box. Only CISCO installed and configured components are acceptable. Installation and / or configuration of third party components, or installation and / or configuration of OM components by any other than CISCO are NOT acceptable. The Vendor confirms to have sourced all Manufacturer products submitted in this offer from Manufacturer or through Manufacturer Authorized Channels only. Vendor shall provide Buyer with a copy of the End User license agreement pre‐award, and shall certify that all Manufacturer software is licensed originally to Buyer as the original licensee authorized to use the Manufacturer Software. Only authentic OM equipment and support services sourced from authorized OM channels are acceptable. Equipment, materials, and services not meeting the above stated qualifications are not acceptable and will be returned to the reseller.

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.

11.1.12.1 Unless Buyer expressly identifies the goods that are procured under this Contract as nontechnical and for Buyer’s internal use only, Seller warrants without limitation as to time that the goods delivered pursuant to this Contract shall (i) be and only contain materials obtained directly from the OM or an authorized OM reseller or distributor (collectively, an Authorized Distributor); (ii) not be or contain Counterfeit Items or Suspect 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 Item means an unlawful or unauthorized reproduction, substitution, alteration, or the false identification of grade, serial number, lot number, date code, or performance characteristic, that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the OM, an Authorized Distributor, or an Aftermarket Manufacturer as defined in SAE AS5553 “Counterfeit Electronic Parts;

Avoidance, Detection, Mitigation, and Disposition” (Authorized Aftermarket Manufacturer). A Suspect Counterfeit Item means an item for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the item is authentic. Seller warrants that it will not act as or engage an independent distributor, non-authorized distributor, non-franchised distributor, non-authorized supplier, or non-authorized reseller (collectively, Broker), to assist it in delivering goods pursuant to this Contract unless the Buyer provides prior written approval to do so. Any Seller request to procure from a Broker shall include complete and compelling support for such request and shall include all actions completed by Seller to ensure the goods thus procured are not Counterfeit Items. Seller’s supporting documentation shall include: (i) results of authentication test and analysis conducted (reference SAE AS5553 ),

(ii) traceability with identification of all supply chain intermediaries wherever such traceability exists, and (iii) identification of and traceability to the source for any remarked or resurfaced material. Seller shall include the substance of this Section in any agreement between Seller and Seller’s lower tier subcontractors, including in any agreement between Seller and Seller’s Broker, and Seller shall cause Seller’s lower tier subcontractors and Seller’s Broker to include the substance of this Section in all agreements with any of their lower tier subcontractors.

11.1.12.2 Unless Buyer expressly identifies the goods that are procured under this Contract as nontechnical and for Buyer’s internal use only, Seller, as OM, Authorized Distributor, Authorized Aftermarket Manufacturer or Broker approved by Buyer, further warrants that it has and shall maintain a Counterfeit Item risk mitigation process, internally and with its suppliers, (reference SAE AS5553), for goods delivered hereunder, and in accordance with the standards or instructions set forth in any Buyer’s specifications and other required provisions and specifications 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. Seller shall provide evidence of the Seller’s risk mitigation process to Buyer upon request. Buyer shall have the right to require changes to the processes to conform with Buyer’s defined standards, if any. Seller and Seller's lower-tier subcontractors that are allowed access to the US Government Industry Data Exchange Program (GIDEP) shall participate in monitoring GIDEP reports and Seller shall act on GIDEP reports that affect product delivered to Buyer. Seller shall immediately notify Buyer with the pertinent facts if Seller becomes aware of or suspects that items delivered for the Contract are, or contain, suspect or confirmed counterfeit items. Failure of the Seller or any of its lower-tier subcontractors to conform its processes with Buyer’s defined standards may result in the termination of this Contract in accordance with the termination provisions set forth herein. If, during Buyer’s inspection procedures, a good delivered hereunder is discovered to be a Counterfeit Item or Suspect Counterfeit Item, Buyer shall have the right to quarantine the good for further investigation of its authenticity. Buyer’s investigation may include the participation of third parties or governmental investigative agencies as required by law or regulations by Buyer’s customer, or by Buyer, in its sole discretion. The Seller and/or the Seller’s lower-tier subcontractors shall cooperate in good faith with any investigation conducted by Buyer, including, but not limited to, cooperation by Seller’s or Seller’s lower-tier subcontractor’s staffs responsible for the maintenance and disclosure of all design, development, manufacturing, and traceability records with respect to the good in possession of Seller or Seller’s lower-tier subcontractor. Upon Buyer’s request, Seller shall provide Buyer certificates of conformance with respect to the goods delivered. Buyer shall not be required to return the good to the Seller during the investigation process or thereafter. Buyer shall not be liable for payment to Seller of the price of any Suspect Counterfeit Items under investigation. When so authorized by Buyer, Seller shall be responsible for counterfeit risk mitigation testing and providing traceability identifiers (i.e.

Date Code / Lot Code, Serial number) for Broker procured parts, and identifying items delivered to Buyer that contain such parts. If Buyer determines in its sole discretion that there is credible evidence after visual inspection, testing, or other information that a good delivered under this Contract may have been misrepresented by the Seller or Seller’s lower-tier subcontractor and constitutes a Counterfeit Item or Suspect Counterfeit Item, Seller, or its lower-tier subcontractor, shall, if directed by Buyer to do so, issue a GIDEP alert and shall ensure suspect or confirmed Counterfeit Items are not delivered to Buyer. Buyer reserves its right hereunder, to issue its own GIDEP alert if, after investigation, Buyer concludes, in its sole estimation, that a good is a Counterfeit Item or Suspect Counterfeit Item. Seller shall include the substance of this Section in any agreement between Seller and Seller’s lower tier subcontractors, including in any agreement between Seller and Seller’s Broker, and Seller shall cause Seller’s lower tier subcontractors and Seller’s Broker to include the substance of this Section in all agreements with any of their lower tier subcontractors.

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 materials 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.

11.1.15 New Materiels; Anti-Counterfeit Mitigation

11.1.15.1 For Subcontractors, Contract Manufacturers, and Authorized Distributors - Only new and authentic materiel are to be used in products delivered to Buyer. No counterfeit or suspect counterfeit materiel is to be contained within the delivered product. Materiel shall be purchased directly from the OMs, or through the OMs Authorized Distributor. Documentation must be available that authenticates traceability to the applicable OM. Independent Distributors (Brokers) shall not be used without written consent from Buyer.

11.1.15.2 For Independent Distributors - Independent Distributor's procedures shall meet the intent of the requirements of IDEA-STD-1010 & SAE AS6081 and have a Quality Management System certified to AS9100 and/or AS9120.