N66604-18-R-0881_Conformed_Through_Amendment_0006.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-C9 1 94

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N66604 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 7 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Item 8 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 27

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

28 - 37 38 - 39

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

40 - 41

42 - 46 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 47 - 51 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 52 - 60 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

61 - 65

PART II - CO NTRACT CLAUSES

NAVAL UNDERSEA WARFARE CENTER

MICHAEL RUSSO, CODE 022

CONTRACTS DEPARTMENT

1176 HOWELL STREET, BLDG. 1258

NEWPORT RI 02841

401-832-4385

401-832-4820FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

66 - 67

6. REQUISITION/PURCHASE NO.

1300427605

5. DATE ISSUED

19 Apr 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6660418R0881

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

GENERAL INFORMATION

Amendment 0006

• SECTION J - Attachment 16b “Government Responses to Offeror Questions” (pertains to solicitation only) has been changed from Rev 2 to Rev 3. Additional Government responses have been added, as well as changes associated with this Amendment 06.

• SECTION L - Paragraph 3.1.4.3 has been modified to remove any requirement to provide cost information in response to the hypothetical.

• SECTION L - Paragraph 4.2 has changed from “This workbook must detail the breakdown of costs by contract year” to “This workbook must detail the breakdown of costs by CLIN”.

• EXHIBIT A CDRLS – CDRL A00K is revised to change date of first submission from “15DAC” to “NLT10DAC” and the Government review cycle to one week.

• BIDDER’S LIBRARY - The bidder’s library is updated as follows:

- AUTEC Fire and Emergency Services Plan (DRAFT) has been uploaded

- OCD (21.4)-00-00 AUTEC Food Services Menu Standards has been uploaded

Section B - Supplies or Services and Prices

NOTE

CLINS 0004-0006, 0014-0016, 0024-0026, 0034-0036 and 0044-0046 are reserved.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Enterprise, Test and Base Ops Labor

CPAF

Enterprise, Test and Base Ops Labor – PWS 4.1 - 4.4.1 (except 4.3.1.2, 4.3.1.4 and 4 .1.11).

NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS" FOB: Destination

PURCHASE REQUEST NUMBER: 1300427605

PSC CD: M1HA

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

0002 1 Lot Enterprise, Test and Base Ops Materials

COST

Enterprise, Test and Base Ops Materials – PWS 4.1 - 4.4.1 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS" FOB: Destination

0003 1 Lot Enterprise, Test and Base Ops ODC

COST

Enterprise, Test and Base Ops ODCs – PWS 4.1 - 4.4.1 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS" FOB: Destination

0007 1 Job Fixed Requirements

FFP

Roads and Grounds Maintenance and Utilities. PWS 4.3.1.2 and 4.3.1.4 FOB: Destination

NET AMT

0008 1 Lot Contract Data Requirements List

COST

NSP

FOB: Destination

0009 1 Lot Government Furnished Property - CAP

COST

NSP

Contractor Acquired Property

0010 1 Lot Award Fee Payment

COST

NSP

0011 1 Job OPTION Enterprise, Test and Base Ops Labor

CPAF

Enterprise, Test and Base Ops Labor – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11).

NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

SUBTOTAL EST COST + BASE

0012 1 Lot OPTION Enterprise, Test and Base Ops Materials

COST

Enterprise, Test and Base Ops Materials – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0013 1 Lot OPTION Enterprise, Test and Base Ops ODC

COST

Enterprise, Test and Base Ops ODCs – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0017 1 Job OPTION Fixed Requirements

FFP

Roads and Grounds Maintenance and Utilities. PWS 4.3.1.2 and 4.3.1.4

0018 1 Lot OPTION Contract Data Requirements List

COST

NSP

0019 1 Lot OPTION Government Furnished Property - CAP

COST

NSP

Contractor Acquired Property

0020 1 Job OPTION Award Fee Payment

COST

NSP

0021 1 Job OPTION Enterprise, Test and Base Ops Labor

CPAF

Enterprise, Test and Base Ops Labor – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11).

NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

SUBTOTAL EST COST + BASE

0022 1 Lot OPTION Enterprise, Test and Base Ops Materials

COST

Enterprise, Test and Base Ops Materials – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0023 1 Lot OPTION Enterprise, Test and Base Ops ODC

COST

Enterprise, Test and Base Ops ODCs – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0027 Job OPTION Fixed Requirements

FFP

Roads and Grounds Maintenance and Utilities. PWS 4.3.1.2 and 4.3.1.4

0028 1 Lot OPTION Contract Data Requirements List

COST

NSP

0029 1 Lot OPTION Government Furnished Property - CAP

COST

NSP

Contractor Acquired Property

0030 1 Job OPTION Award Fee Payment

COST

NSP

0031 1 Job OPTION Enterprise, Test and Base Ops Labor

CPAF

Enterprise, Test and Base Ops Labor – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11).

NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

SUBTOTAL EST COST + BASE

0032 1 Lot OPTION Enterprise, Test and Base Ops Materials

COST

Enterprise, Test and Base Ops Materials – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0033 1 Lot OPTION Enterprise, Test and Base Ops ODC

COST

Enterprise, Test and Base Ops ODCs – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0037 1 Job OPTION Fixed Requirements

FFP

Roads and Grounds Maintenance and Utilities. PWS 4.3.1.2 and 4.3.1.4

0038 1 Lot OPTION Contract Data Requirements List

COST

NSP

0039 1 Lot OPTION Government Furnished Property - CAP

COST

NSP

Contractor Acquired Property

0040 1 Lot OPTION Award Fee Payment

COST

NSP

0041 1 Job OPTION Enterprise, Test and Base Ops Labor

CPAF

Enterprise, Test and Base Ops Labor – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11).

NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

SUBTOTAL EST COST + BASE

0042 1 Lot OPTION Enterprise, Test and Base Ops Materials

COST

Enterprise, Test and Base Ops Materials – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0043 1 Lot OPTION Enterprise, Test and Base Ops ODC

COST

Enterprise, Test and Base Ops ODCs – PWS 4.1 - 4.3 (except 4.3.1.2, 4.3.1.4 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0047 1 Job OPTION Fixed Requirements

FFP

Roads and Grounds Maintenance and Utilities. PWS 4.3.1.2 and 4.3.1.4

0048 1 Lot OPTION Contract Data Requirements List

COST

NSP

0049 1 Lot OPTION Government Furnished Property - CAP

COST

NSP

Contractor Acquired Property

0050 1 Lot OPTION Award Fee Payment

COST

NSP

0051 1 Job OPTION Enterprise, Test and Base Ops Labor

CPAF

Enterprise, Test and Base Ops Labor – PWS 4.1 - 4.4.2 (except 4.3.1.2, 4.3.1.4,

4.4.1 and 4 .1.11).

NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

SUBTOTAL EST COST + BASE

0052 1 Lot OPTION Enterprise, Test and Base Ops Materials

COST

Enterprise, Test and Base Ops Materials – PWS 4.1 - 4.4.2 (except 4.3.1.2, 4.3.1.4, 4.4.1 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0053 1 Lot OPTION Enterprise, Test and Base Ops ODC

COST

Enterprise, Test and Base Ops ODCs – PWS 4.1 - 4.4.2 (except 4.3.1.2, 4.3.1.4,

4.4.1 and 4 .1.11) NOTE: This CLIN shall be administered in accordance with the Section H clause entitled “5252.242-9115 TECHNICAL INSTRUCTIONS"

0057 1 Job OPTION Fixed Requirements

FFP

Roads and Grounds Maintenance and Utilities. PWS 4.3.1.2 and 4.3.1.4

0058 1 Lot OPTION Contract Data Requirements List

COST

NSP

0059 1 Lot OPTION Government Furnished Property - CAP

COST

NSP

Contractor Acquired Property

0060 1 Lot OPTION Award Fee Payment

COST

NSP

0100 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0101 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0102 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0103 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0104 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0105 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0106 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0107 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0108 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

0109 Lot OPTION Air Passenger Support

CPAF

PWS 4.1.11

SUBTOTAL EST COST + BASE

HQ B-2-0003 DETERMINATION OF FEE (NAVSEA)(APR 2015)

(a) Determination of the actual award fee for CPAF CLINs, if any, earned by the contractor and payment thereof shall be made in accordance with the Award Fee Plan, Attachment #12 hereto.

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

HQ B-2-0007 LIMITATION OF COST OR LIMITATION OF FUNDS LANGUAGE

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

HQ B-2-0009 NOTE (CDRL)

CLINs 0008, 0018, 0028, 0038, 0048 and 0058

NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Exhibit A Contract Data Requirements List(s), attached hereto.

HQ B-2-0010 NOTE (OPTION)

CLINs 0011-0109

NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.

HQ B-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (APR 2015)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs determined to be allowable, allocable and reasonable by the Procuring Contracting Officer, Administrative Contracting Officer or their duly authorized representative, as advised by DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35;

however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

HQ B-2-0023 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST/FIXED PRICE) (FEB 1997)

This contract includes the following mixture of cost reimbursement and fixed price line items:

Item Type*

CLINS 0001-0003, 0011-0013 CR

0021-0023, 0031-0033, 0041-0043, 0051-0053, CLINs 0007, 0017, 0027, 0037, 0047, FP

CLINs 008-0010, 0018-0020, 0028-0030, NSP 0038-0040, 0048-0050

*CR – Cost Reimbursement FP – Fixed Price NSP – Not Separately Priced

Section C - Descriptions and Specifications

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE(NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0003 ACCESS TO THE NAVY SUPPLY SYSTEM (NAVSEA) (MAR 2011)

(a) In compliance with the comparability requirement of 10 U.S.C. 7314, Public and Private Shipyards will be provided equal access to the Naval Supply System. Use by private yards is permissive, not mandatory.

(b) Pursuant to the clause of this contract entitled "GOVERNMENT SUPPLY SOURCES" (FAR 52.251-1) the Contracting Officer hereby authorizes the Contractor to place orders with the Navy Supply System for materials and equipment or other supplies necessary to perform the required work. The Naval Supply System shall process such orders in the same manner as it would for any other Navy supply user, and the Contractor shall make payment on account of materials and equipment and other supplies ordered and/or received in accordance with the normal requirements of the Naval Supply Systems Command, but in no event shall payment in full be any later than 30 days after receipt by the Contractor of each order. The Contractor shall pay the Naval Supply System any costs for materials, equipments, or other supplies obtained including any surcharges normally charged to any other Naval Supply System user.

(c) This job order has been priced on the basis that, except as specifically provided elsewhere in this contract with regards to Government furnished property, the Contractor shall provide all necessary materials, equipments and supplies for performance of this contract. If the Contractor uses the Naval Supply System, it has elected to use the system for its own convenience to meet its contractual obligations to perform the work under this contract. The Naval Supply System is considered to be an alternate source or vendor of contractor furnished material; therefore materials, equipments, or other supplies ordered and/or obtained from the Naval Supply System are specifically not considered to be Government furnished material, but are considered to be contractor furnished material. The Government makes no representation as to the availability of materials, equipments, or other supplies for the performance of the work required under this contract, nor shall unavailability, late delivery, delivery of non-conforming supplies, higher costs of the Naval Supply System (if any), or any failure of the Naval Supply System to meet the expectations or requirements of the Contractor constitute excusable delay or grounds for equitable or any other adjustment to the contract or relief from the requirement to perform in accordance with the terms of the contract.

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

RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

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

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

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

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.

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

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

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal dated in response to NAVSEA Solicitation No. .

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215- 8) clause of this contract. Under the "ORDER OF PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item (f) of the clause, following "the specification" in the order of precedence.

HQ C-2-0024 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (NOV 1996)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software. 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 other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

HQ C-2-0032 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT - ALTERNATE II

(NAVSEA) (SEP 2009)

(a) NAVSEA Form 4340/2 or Schedule C, as applicable, Government Furnished Information, attached hereto, incorporates by listing or specific reference, all the data or information which the Government has provided or will provide to the Contractor except for

(1) The specifications set forth in Section C, and

(2) Government specifications, including drawings and other Government technical documentation which are referenced directly or indirectly in the specifications set forth in Section C and which are applicable to this contract as specifications, and which are generally available and provided to Contractors or prospective Contractors upon proper request, such as Federal or Military Specifications, and Standard Drawings, etc.

(b) Except for the specifications referred to in subparagraphs (a)(1) and (2) above, the Government will not be obligated to provide to the Contractor any specification, drawing, technical documentation or other publication which is not listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, notwithstanding anything to the contrary in the specifications, the publications listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, the clause entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) or "GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES " (FAR 52.245-2), as applicable, or any other term or condition of this contract.

(c)(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule C, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (c)(1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.

HQ C-2-0037 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (JUL 2000)

(a) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises.

(b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of three years after completion of performance of this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor.

The terms of paragraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion of performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performed under this contract. This exclusion does not apply to any recompetition for those systems, components or services furnished pursuant to this contract. As provided in FAR 9.505-2, if the Government procures the system, component, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the three year period following completion of this contract has lapsed, the Contractor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate this contract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default.

(i) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final.

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the United States Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from participating in any research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government's interest.

(l) The Contractor shall include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contractor" where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

(n) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0048 REQUISITIONS FROM THE FEDERAL SUPPLY SYSTEM (NAVSEA) (JUL 1992)

Requisitions for Government Furnished Material from the Federal Supply System which are requisitioned by a contractor, or are to be shipped directly to a contractor, must be submitted to the following Management Control Activity

(MCA):

MCA (Name):

Telephone:

Address:

For purposes of requisitions of Government Furnished Material from the Federal Supply System, the Contractor:

has been assigned Defense Activity Address Code (DODAAC) ;

the Naval Sea Systems Command has requested assignment of a DODAAC by the Navy Accounting and Finance Center (NAFC).

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of this or any other contract, the contractor believes that any contract contains outdated or different versions of any specifications or standards, the contractor may request that all of its contracts be updated to include the current version of the applicable specification or standard. Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(APR 2004)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors are free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, E Business Division for contractor specifics.) However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

UW C-2-0001 COST AND PERFORMANCE REPORTING (MAR 2017)

(a) The Contractor agrees to upload the Contractor's Funds and Man-hour Expenditure Reports in the Electronic Cost Reporting and Financial Tracking (eCRAFT) System and submit the Contract Status Report on the day and for the same timeframe the contractor submits an invoice into the Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) system. Compliance with this requirement is a material requirement of this contract. Failure to comply with this requirement may result in contract termination.

(b) The Contract Status Report indicates the progress of work and the status of the program and of all assigned tasks.

It informs the Government of existing or potential problem areas.

(c) The Contractor's Funds and Man-hour Expenditure Report reports contractor expenditures for labor, materials, travel, subcontractor usage, and other contract charges.

(1) Access:

eCRAFT: Reports are uploaded through the eCRAFT System Periodic Report Utility (EPRU). The EPRU spreadsheet and user manual can be obtained at: http://www.navsea.navy.mil/Home/Warfare-Centers/NUWC- Newport/Partnerships/Commercial-Contracts/Information-eCraft-/ under eCRAFT information. The eCRAFT e-mail address for report submission is: Ecraft.nuwc.npt.fct@navy.mil. If you have problems uploading reports, please see the Frequently Asked Questions at the site address above.

http://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport/Partnerships/Commercial-Contracts/Information-eCraft-/ http://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport/Partnerships/Commercial-Contracts/Information-eCraft-/ mailto:Ecraft.nuwc.npt.fct@navy.mil

(2) Submission and Acceptance/Rejection:

The contractor shall submit their reports on the same day and for the same timeframe the contractor submits an invoice in iRAPT. The amounts shall be the same. eCRAFT acceptance/rejection will be indicated by e-mail notification from eCRAFT.

UW C-2-0002 CONTRACTOR REQUIREMENTS FOR PERFORMANCE ON A GOVERNMENT SITE

(MAR 2017)

(a) Contractor personnel shall comply with all current badging and security procedures required to gain access to any Government site. Access to Naval Undersea Warfare Center Division, Newport sites may only be gained by obtaining a badge (either permanent or temporary) from the security office. Compliance with SECNAV M-5510.30, Section 9-20, FACILITY ACCESS DETERMINATION (FAD) PROGRAM is specifically required. Badges shall be issued only after completion of SF85P available at: https://www.opm.gov/forms/standard-forms/ Contractor personnel requiring a Common Access Card, access to controlled unclassified information (CUI) and/or user level access to DoN or DoD networks and information systems, system security and network defense systems, or to system resources providing visual access and/or ability to input, delete or otherwise manipulate sensitive information without control to identify and deny sensitive information, are required to have a favorably adjudicated

NACLC.

The Contractor shall ensure that Contractor personnel employed on any Government site become familiar with and obey Activity regulations. Contractor personnel shall not enter restricted areas unless required to do so and until cleared for such entry. The Contractor shall request permission to interrupt any activity roads or utility services in writing a minimum of 15 calendar days prior to the date of interruption. Contractor personnel shall wear personal protective equipment in designated areas. All contractor equipment shall be conspicuously marked for identification.

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

(b) The contractor shall ensure that each contractor employee reads the pamphlet entitled, “Occupational Safety and Health Information for Contractors” prior to commencing performance at any NUWCDIVNPT site. This document is available under “Contractor Safety Information” at:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx

(c) The contractor shall ensure that each contractor employee reads the document entitled, “NUWC Division Newport Environmental Policy” prior to commencing performance at any NUWCDIVNPT site. This document is available at:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx

(d) The contractor shall ensure that each contractor employee who is resident at any NUWCDIVNPT site completes ISO 14001 Awareness training within 30 days of commencing performance at that site. This training is available on the ISO 14001 webpage on the NUWCDIVNPT Intranet and is also available on the NUWC Division Newport Internet site. This document is available at:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx

(e) The contractor shall remove from the Government site any individual whose presence is deemed by the Commander, NUWCDIVNPT, to be contrary to the public interest or inconsistent with the best interests of national security.

(f) The contractor shall perform in accordance with the following, as applicable:

(1) OSHA 29 CFR1910 General Industry Standard

(2) OPNAV Instruction 5100.23 (series) Navy Safety and Occupational Health Program Manual

(3) NUWCDIVNPT 5100.5 (series) Occupational Safety and Health

(4) NUWCDIVNPT 5100.16 (series) Compressed Air Safety

(5) NUWCDIVNPT Emergency Action Guidelines

(6) NAVFAC P307 – NAVFAC: Management of Weight Handling Equipment

(7) NUWCDIVNPTINST 5090.3 (series) Hazardous Materials Control Program https://www.opm.gov/forms/standard-forms/ http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx

(g) Prior to commencing any work that falls under the following areas, the contractor shall provide to the Contracting Officer’s Representative (COR) (if no COR is assigned provide to the NUWCDIVNPT Safety Office Attn: Carol Bernier), on company letterhead, a complete listing of all qualified and trained employees who will perform the work:

(1) Permit required Confined Space Program

(2) Control of Hazardous Energy (Lock out / Tag out)

(3) Respiratory Protection

(4) Walking-Working Surfaces, Fall Protection Program and Scaffolding

(h) The contractor shall follow the posted provisions of the building’s Emergency Action Plan (EAP) for any mishap, incident, or emergency situation.

(i) The contractor shall report unsafe work conditions and safety hazards to their supervisor, the COR, and the NUWC Safety Office.

(j)The contractor shall notify the COR and the NUWCDIVNPT Safety Office as soon as practicable, upon learning that a mishap (injury / property damage) has occurred during the performance of work at NUWCDIVNPT.

UW C-2-0003 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (MAR 2017)

(a) Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for product(s)/service(s) procured under this solicitation. All appropriate subparts of Section 1194, of Section 508 Standards, apply. Each Electronic and Information Technology (EIT) item or service provided under this contract shall comply with the EIT Accessibility Standards listed below:

36 C.F.R. § 1194.21 - Software applications and operating systems 36 C.F.R. § 1194.22 - Web-based and internet information and applications 36 C.F.R. § 1194.23 - Telecommunications products 36 C.F.R. § 1194.24 - Video and multimedia products 36 C.F.R. § 1194.25 - Self contained, closed products 36 C.F.R. § 1194.26 - Desktop and portable computers 36 C.F.R. § 1194.31 - Functional Performance Criteria 36 C.F.R. § 1194.41 – Information, Documentation, and Support

(b) The Contractor shall provide a Voluntary Product Accessibility Template (VPAT) for items or a Government Product/Service Accessibility Template (GPAT) for service to document compliance with the indicated Section 508 Standards. Offerors/resellers that do not provide a VPAT may be determined technically unacceptable.

Please refer to:

http://www.itic.org/index.php?submenu=Resources&submenu=Resources&src=gendocs&ref=vpat&category=resou rces or http://www.buyaccessible.gov/ for more information on VPATs and GPATs or contact http://www.access-board.gov/contact.htm or www.gsa.gov/section508

(c) The Contractor shall comply with the VPAT or GPAT document submitted. If the Contracting Officer determines that any item or service delivered under this contract does not comply with the EIT Accessibility Standards, the Contracting Officer will notify the Contractor in writing. If the Contractor fails to promptly correct or replace the nonconforming products or services with conforming products or services within the delivery schedule contained in the contract, the Government will have the rights and remedies contained in the basic contract.

STATEMENT OF WORK

http://www.itic.org/index.php?submenu=Resources&submenu=Resources&src=gendocs&ref=vpat&category=resources http://www.itic.org/index.php?submenu=Resources&submenu=Resources&src=gendocs&ref=vpat&category=resources http://www.buyaccessible.gov/ http://www.access-board.gov/contact.htm http://www.access-board.gov/contact.htm http://www.gsa.gov/section508

The Atlantic Undersea Test and Evaluation Center (AUTEC) Performance Work Statement (PWS) Attachment 1, shall constitute the scope of work governing Contractor performance requirements.

Section D - Packaging and Marking

HQ…