N6660423R0669.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 06 Oct 2023

X

A X B X C X D

EX

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G F 63 - 77

78 - 93 X H 94 - 101

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 1 101

(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 0 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

NOT AUTHORIZED

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

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 25 26 - 27

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

28 - 30 31 - 32

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 33 - 43 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 44 - 45 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

46 - 61

PART II - CONTRACT CLAUSES

NAVAL UNDERSEA WARFARE CTR. DIV., NPT.

ALEXANDRA CORDTS, CODE 0222

CONTRACTS DEPARTMENT

1176 HOWELL STREET, BLDG. 1258

NEWPORT RI 02841

401-832-2027

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

25 Sep 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6660423R0669

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each

TR 338D TRANSDUCER FIRST ARTICLE UNITS

FFP

First Article TR-338D Transducers, in accordance with the Statement of Work in Section C.

All Offers must include a price for First Article Units.

Mark For:

Receiving Officer, Naval Station Newport 47 Chandler Street Newport, RI 02841-1716 NUWC Division, Newport

POC: DETAIL PROVIDED AT AWARD

Contract #: DETAIL PROVIDED AT AWARD

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 5845

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot

TR 338-D TRANSDUCER PRODUCT DRAWINGS

FFP

TR 338-D Transducer Product Drawings and Associated Lists in accordance with the Statement of Work in Section C and Contract Data Requirements List (CDRL) B001.

Mark For:

Receiving Officer, Naval Station Newport 47 Chandler Street Newport, RI 02841-1716 NUWC Division, Newport

POC: DETAIL PROVIDED AT AWARD

Contract #: DETAIL PROVIDED AT AWARD

MAX

0003 1 Lot DATA for CLINs 0001

FFP

DATA in accordance with Exhibit "A", Contract Data Requirements List (CDRL), DD Form 1423.

Mark For:

Receiving Officer, Naval Station Newport 47 Chandler Street Newport, RI 02841-1716 NUWC Division, Newport

POC: DETAIL PROVIDED AT AWARD

Contract #: DETAIL PROVIDED AT AWARD

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each

TR-338D TRANSDUCER ASSEMBLY PRODUCTION

FFP

TR-338 Transducer Production Years in accordance with the Statement of Work in Section C.

Mark For:

DODACC N60138

NAVSUP FLCN Cheatham Annex 1 C Street Williamsburg, VA 23185-0000

POC: DETAIL PROVIDED AT AWARD

Contract #: DETAIL PROVIDED AT AWARD

OFFEROR TO FILL IN SECTION B PRICING TABLES.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

MAX

0005 1 Lot DATA for CLIN 0004

FFP

DATA in accordance with Exhibit "A", Contract Data Requirements List (CDRL), DD Form 1423.

Mark For:

Receiving Officer, Naval Station Newport 47 Chandler Street Newport, RI 02841-1716 NUWC Division, Newport

POC: DETAIL PROVIDED AT AWARD

Contract #: DETAIL PROVIDED AT AWARD

PRICING TABLE

(a) This is an Indefinite Delivery/Indefinite Quantity contract with Firm Fixed Price Provisions. The Contractor shall deliver items according to the orders issued hereunder, using the prices in the individual Contract Line Items (CLINs).

(b) Offerors shall fill in the CLINs by stating the unit price for each item by quantity and CLIN.

(c) The Tables below contain pricing according to each Ordering Period and Quantity Range. The Government will determine each quantity to be purchased by issuing a delivery order. Multiple items may be purchased multiple times via individual orders.

(OFFERORS TO FILL IN)

Production CLIN 0004 TR-338 Transducers

Quantity 4-10 11-20 21-40 Year 1 $ $ $ Year 2 $ $ $ Year 3 $ $ $ Year 4 $ $ $ Year 5 $ $ $

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

(SOW)

TR-338D Transducers Production Contract

1.0 Background

The Fleet and Sensors & Cables Engineering Branch (Code 1535) of the Sensors and Arrays Division (Code 153) of the Naval Undersea Warfare Center Divisions Newport serves as the Navy’s Technical Design Agent (TDA), and In-Service Engineering Agent (ISEA) and assists with all Acquisition Engineering Agent (AEA) activities for all surface ship and submarine transducers, hydrophones, and sensor assemblies (collectively referred to as transducers). Code 1535 maintains the Navy's transducer inventory in large part by establishing contract vehicles to procure transducers that are delivered both to the stock system to support emergent fleet needs and to new construction shipyards for initial outfitting.

1.1 Places of Performance

All work will be performed at the contractor’s or sub-contractor’s facility.

1.2 Authorized Users

This contract is applicable to the Sensors and SONAR Department, Code 15, of the Naval Undersea Warfare Center Division Newport, RI.

1.3 Sponsors

• PMS 401 Submarine Acoustic Systems

• PMS 450 Virginia Class Program Office

• Type Commanders

1.4 Types of Funding

• Operation & Maintenance, Navy (O&MN)

• Other Procurement, Navy (OPN)

• Shipbuilding and Conversion, Navy (SCN)

2.0 Scope

This SOW reflects a build-to-performance specification approach. The contractor shall design, document, manufacture, test, package, and deliver TR-338D First Article and Production Transducers that meet the performance requirements of the TR-338D Transducer Critical Item Performance Specification (CIPS).

2.1 Programs/Systems Supported

The Fleet and Sensors & Cables Engineering Branch (Code 1535) of the Sensors and Arrays Division (Code 153) of the Naval Undersea Warfare Center Divisions Newport

3.0 Applicable Documents

The contractor shall perform the tasking required in Section 4.0 in accordance with the below Applicable Documents.

Table 1

NUMBER TITLE Description

3.1 NAVSEA Drawing No. 53711-7335246K Critical Item Performance Specification (CIPS) for the

TR-338D Transducer

3.2 NUWC Drawing 50225-00267RD Configuration Management Engineering Drawing

Requirements

3.3 NUWC Drawing 50225-00266MN Configuration Management Engineering Change Document Manual

4.0 Technical Requirements

The contractor shall design, document, manufacture, test, package, and deliver First Article and Production TR- 338D Transducers that meet the requirements of Applicable Document (AD) 3.1. Table 1 defines the requirements for this procurement

The following terms apply throughout this requirements section:

Configuration Item The configuration items (CI) for this contract is the TR-338D Transducer.

Functional Baseline The Functional Baseline is defined by AD 3.1.

First Article Baseline The First Article Baseline is established prior to First Article testing and consists of the engineering drawings and applicable revisions that define the CI.

Product Baseline The Product Baseline is established upon completion of the Functional and Physical Configuration Audits (FCA and PCA) and consists of the engineering drawings and applicable revisions that define the CI.

Table 2. Requirements

Task Task Description Contract

Timeframe CDRL Deliverable

4.1 GENERAL

4.1.1 Contract Kick-Off

Meeting

The contractor shall conduct a Contract Kick-Off meeting at its facility. The contractor shall prepare the kick-off meeting agenda. The contractor shall present its planned configuration and present a Program Objectives and Milestone Schedule (POAMS) for the First Article and Production phases to include:

- tasks and milestones

- requirements review

- data submittals

- schedule The contractor shall prepare conference minutes and shall submit POAMS with the conference minutes.

Within 45 days after contract award

CDRL A001

DI-ADMN-81249C (Meeting Agenda)

CDRL A002

DI-ADMN-81250C

(Meeting Minutes)

4.1.2 Progress Reports The contractor shall prepare and submit Progress Reports using Government Furnished Information (GFI) item 5.1.

Monthly over the life of the contract

CDRL A003

DI-MGMT-81867 (Production Report)

4.1.3 Failure Reports The contractor shall establish a system to track all material it determines to be non-conforming whereby the nonconforming material is inspected, the non-conformance are documented and the material is dispositioned. This system shall also track all transducers that fail a First Article or Production Acceptance test. The contractor shall submit Failure Summary and Analysis reports that identify the nature of the failure, and identify remedial and corrective action for preventing future occurrences.

When a failure occurs Initial draft due 10 Days after failure is identified

CDRL A004

DI-SESS-80255B (Failure Summary and Analysis Report)

4.2 TR-338D TRANSDUCER FIRST ARTICLE PHASE

4.2.1 TR-338D

Transducer First Article Hardware

The contractor shall document, inspect, fabricate, test, package and deliver First Article TR-338D Transducers. The contractor shall sequentially serialize the First Article transducers starting with FA001. The contractor shall fabricate the First Article TR-338D Transducers to meet the performance requirements of applicable document 3.1.

Prior to fabrication, the contractor shall perform 100% inspection of all incoming parts for First Article transducers. The contractor shall record variables data for all dimensions specified on the drawings for all first article parts. The contractor shall have this information available at the First Article Physical Configuration Audit (see section 4.2.4).

Defined in Delivery Orders (DO)

Applicable Deliverables identified in subsequent sections.

4.2.2 TR-338D

Transducer Preliminary Configuration Review

(PCR)

The contractor shall conduct a PCR via Video Teleconference (VTC), conference call, or other remotely enabled delivery system. The contractor shall demonstrate that the preliminary build configuration meets the Functional Baseline requirements. Prior to the PCR, the contractor shall deliver the top level drawing in NAVSEA format in accordance with applicable document 3.2 and using GFI items 5.2 and 5.3.

Within 90 days after First Article transducers delivery order award.

CDRL B001

NUWC DRAWING 50225-

00267RD (Product Drawings/Models and Associated Lists)

4.2.3 TR-338D

Transducer Final Configuration Review

(FCR)

The contractor shall conduct an FCR at its facility.

The contractor shall demonstrate that the final build configuration meets the Functional Baseline requirements. At the FCR, the contractor shall present, for Government for review:

‐ the drawing package ‐ manufacturing flow chart which identifies the manufacturing build steps, in-process steps and inspection points and first article acceptance tests

‐ POAMS

‐ Any risks and mitigation plans if applicable

The contractor shall deliver the complete drawing package in NAVSEA format in accordance with applicable document 3.2 and using GFI items 5.2 and 5.3.

The contractor shall resolve all technical discrepancies noted at the PCR and FCR prior to delivering First Article transducers. The contractor shall deliver copies of all changes that occur subsequent to the FCR.

After PCR and before FA-

PCA

CDRL B001

NUWC DRAWING 50225-

00267RD (Product Drawings/Models and Associated Lists)

4.2.4 TR-338D

Transducer First Article Physical Configuration Audit (FA-PCA)

The contractor shall conduct an FA-PCA for to validate that the components that comprise the First Article transducers match the technical documentation and that all key processes are properly documented. The contractor shall provide drawing package for audit team members at the FA-PCA. The contractor shall have all First Article piece parts available and shall provide the incoming inspection variables data for all the parts.

The contractor shall deliver any drawings that have changed since the FCR (which includes changes resulting from discrepancies identified at the PCR and FCR).

Prior to First Article transducer fabrication

CDRL B001

NUWC DRAWING

50225-00267RD

(Product Drawings/Models and Associated Lists)

4.2.5 TR-338D

Transducer First Article Test Procedures

The contractor shall develop First Article test procedures for contractor-performed tests and inspections in accordance with applicable document 3.1. The contractor shall include, in the procedure, the acceptance and rejection criteria for First Article tests and inspections to ensure that the CI meets the requirements.

Prior to First Article testing

CDRL A005

DI-NDTI-80603A (Test Procedure-First Article Acceptance Test Procedures)

4.2.6 TR-338D

Transducer First Article Baseline Configuration

The contractor shall provide First Article Baseline Report which documents changes to the CI that occur between FA-PCA and First Article (FA) testing.

Upon successful FA- PCA and prior to commencing First Article testing

CDRL A006

DI-MISC-80508B (Technical Report – Study/Services - First Article Baseline Report)

CDRL B001

NUWC DRAWING

50225-00267RD

(Product Drawings/Models and Associated Lists)

4.2.7 TR-338D

Transducer First Article Test and Inspection

Using the test procedures developed in SOW 4.2.5, the contractor shall perform First Article tests and inspection to verify that the First Article transducers meet the CIPS requirements. In the event that any First Article unit fails to meet CIPS requirements, the contractor shall prepare and deliver a Failure Summary and Analysis Report.

The contractor shall be responsible for redesign, rework, retest, and First Article unit replacement.

The contractor shall submit a First Article Test Report detailing the First Article tests and test results for each First Article Transducer identified by serial number.

After First Article Fabrication

CDRL A007

DI-NDTI-80809B

(Test/Inspection Report- Contractor First Article Testing)

CDRL A004

DI-SESS-80255B (Failure Summary and Analysis Report)

4.2.8 TR-338D

Transducer Functional Configuration Audit (FCA) and Physical Configuration Audit

(PCA)

The contractor shall conduct a concurrent FCA and PCA at its facility. The FCA verifies that the CI is compliant with the CIPS. The PCA verifies that the First Article CI conforms fully to the First Article Baseline. The contractor shall provide the following documentation for auditing at the by the Government FCA/PCA:

‐ The complete drawing package ‐ Inspection/Test Flow Chart with inspection/test criteria and procedures ‐ Manufacturing methods and process sheets ‐ Incoming inspection control procedures ‐ Production acceptance test procedures ‐ Test method sheets and standards selection procedures describing operation and calibration of test equipment

‐ Non-standard parts and parts requiring source control

‐ Material Review Board (MRB) and Failure Review Board (FRB) process and procedures

In accordance with applicable document 3.2 and using GFI items 5.2 and 5.3, the contractor shall deliver the complete drawing package in NAVSEA format. The complete drawing package includes changes resulting from discrepancies identified at the PCR, FCR, FA-PCA, and during FA testing phase.

Upon Government First Article testing completion

CDRL A001

DI-ADMN-81249C (Meeting Agenda)

CDRL A002

DI-ADMN-81250C (Meeting Minutes)

CDRL B001

NUWC DRAWING

50225-00267RD

(Product Drawings/Models and Associated Lists)

4.2.9 TR-338 Transducer

Product Baseline Configuration

The contractor shall provide the Product Baseline.

In accordance with applicable document 3.2 and using GFI items 5.2 and 5.3, the contractor shall deliver the final drawing package in NAVSEA format.

Upon successful FCA and PCA

CDRL B001

NUWC DRAWING 50225-

00267RD (Product Drawings/Models and Associated Lists)

4.3 TR-338D TRANSDUCER PRODUCTION PHASE

4.3.1 TR-338D

Transducer Production Hardware

Upon receipt of delivery order, the contractor shall manufacture, test, package and deliver Production transducers to meet the performance requirements of applicable document 3.1 and the Product Baseline. The contractor shall serialize the production transducers in accordance with GFI item 5.4.

Defined in Delivery Order

Applicable Deliverables identified in subsequent sections.

4.3.2 TR-338D

Test and Inspection

In accordance with applicable document 3.1, the contractor shall develop Production Acceptance Test Procedures. The contractor shall perform final acceptance testing of all production hardware items prior to delivery to the Government. The contractor shall perform production acceptance testing to ensure that all TR-338 Transducers meet the requirements of applicable document 3.1 and the Product Baseline.

During active production

CDRL A008

DI-NDTI-80603A (Test Procedure-Production Acceptance Test Procedures)

4.3.3 TR-338D

Acceptance Test and Inspection Reports

The contractor shall provide test results for each production unit by serial number.In the Production Acceptance and Inspection Reports, the contractor shall identify units that failed Production Acceptance Tests or were otherwise accepted only after rework and retest and shall explain the circumstances of the failures and corrective actions taken where rework occurred.

During active production

CDRL A009

DI-NDTI-80809B

(Test/Inspection Report- Production Acceptance Test and Inspection Data)

CDRL A004

DI-SESS-80255B (Failure Summary and Analysis Report)

4.3.4 TR-338D

Transducer Certification Card

In accordance with applicable document 3.1, the contractor shall complete a Certification Card for each TR-338 Transducer to be delivered.

Certification cards submitted to the Government shall be in electronic format.

During active production

CDRL A00A

NAVSEA DWG. No. 53711- 7335246K Figure 2 (Transducer/Hydrophone Certification Card)

4.3.5 Production Program

Reviews (PPRs)

The contractor shall conduct Production Program Reviews annually. The purpose of the PPRs is to review programmatic and technical issues. Prior to the scheduled PPR, the contractor shall deliver the PPR agenda to the Government. During PPR, the contractor shall record meeting minutes and shall deliver the minutes to the Government after the conclusion of the PPR.

During active production

CDRL A001

DI-ADMN-81249C

(Meeting Agenda)

CDRL A002

DI-ADMN-81250C (Meeting Minutes)

4.3.6 Engineering

Changes

The contractor shall prepare Engineering Change Documents in accordance with applicable document 3.3.

As required during production

CDRL A00B, A00C

DI-SESS-80639E,

DI-SESS-80640E (Engineering Change Proposal (ECP), Request for Variance (RFV))

NOTE: In the case of First Article waiver, task (and sub-tasks) 4.2 TR-338D TRANSDUCER FIRST ARTICLE PHASE will not be applicable and will be marked ‘RESERVED’ in the resulting contract award.

5.0 Progress Reports

See Table 2. Requirements: 4.1.2 Progress Reports

6.0 Government Furnished Information

The following Government Furnished Information (GFI) will be made available under this contract.

Number Title

6.1 DD Form 375 Production Progress Report Form

6.2 NAVSEA drawing templates Government will provide the contractor formatted drawing templates (.dwg and/or .slddrw, .xlsx, .docx) upon contract award.

6.3 53711-XXXXXXX through 53711-XXXXXXX (Block of NAVSEA drawing numbers for the Drawing Package for the TR-338 Transducer)

6.4 Production transducer serial numbers (Block of serial numbers that the contractor shall use to serialize TR-338 Transducers.)

7.0 Quality Surveillance and Performance Standards

The Government will conduct quality surveillance via various methods including formal and informal meetings, review of technical reports, review of monthly progress reports, and review of deliverables. Contractor performance will be evaluated in the areas of technical quality, schedule/timeliness, management, utilization of small business, and regulatory compliance as follows:

Technical Quality: The government will evaluate technical quality using the criteria defined in the Performance Specification.

Schedule/Timeliness: The government will evaluate the contractor’s ability to meet negotiated milestones and delivery schedules;

Management: The government will evaluate the contractor’s ability to integrate and coordinate all activities needed to execute the contract/task order;

Utilization of Small Business: The government will evaluate the contractor’s compliance with the Small Business Subcontracting Plan and any small business subcontracting goals contained in the contract/task order;

Regulatory Compliance: The government will evaluate the contractor’s compliance with the terms and conditions of the contract/task order relating to applicable regulations and codes.

8.0 Information and Communication Technology (ICT) Accessibility Requirements

The Government has determined that this procurement is not Information and Communication Technology

(ICT).

9.0 Security Compliance

9.1 Program Protection

SECURITY: All Contractor personnel shall adhere to the Security provisions of 32 CFR Part 177 – National Industrial Security Program Operating Manual (NISPOM) and the security requirements of the attached DD254.

While performing work associated with NUWCDIVNPT, Contractor personnel shall comply with the NUWCDIVNPT Security Manual and, if at another facility, the security regulations of the host facility. Applicable FAR and DFARS clauses shall be adhered to in the performance of this contract. Security incidents shall be promptly reported through the companies Facility Security Officer (FSO) to the Contracting Officer’s Representative (COR), Technical Point of Contact (TPOC), and the Cognizant Security Office to NUWCDIVNPT Security.

The contractor shall receive, store, and generate classified and unclassified material. The classified material is in relation to the classified appendix called out in the CIPS AD 3.1.

Controlled Unclassified Information (CUI) including Legacy FOUO and Covered Defense Information (meeting the definition of 48 CFR 252.204–7012(a)) generated and/or provided under this contract shall be marked and safeguarded as specified in DoD Instruction 5200.48, CUI available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF. Any product containing Covered Defense Information shall be assigned a distribution statement (distribution statements B through F) in accordance with DoDI 5230.24 (Distribution Statements on Technical Documents); and DoDI 5230.24, Enclosure 3 Procedures, available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/523024p.pdf

INFORMATION SECURITY: If the work is performed at the Contractor's facility, the Contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of classified information and controlled unclassified information (CUI) and to control distribution of CUI in accordance with National Industrial Security Program Operating Manual (NISPOM) codifying 32 CFR Part 117, NISPOM Rule, and SECNAV M- 5510.36B. If the work is performed at the Government's facility, the Contractor shall comply with facility policy.

CUI INCIDENT REPORTING AND RESPONSE: The Contractor shall promptly report any unauthorized, inadvertent, or illegal release or disclosure of CUI to the Contracting Officer’s Representative / Technical Point of Contact (TPOC), Procuring Contracting Officer and the Security Office. Contractor personnel shall coordinate this effort through the relevant industry site FSO.

PUBLIC RELEASE: Any controlled unclassified information pertaining to this contract shall not be released for public dissemination, including posting to any social media sites such as Facebook or Twitter, unless it has been approved for public release by appropriate U.S. government authority. Proposed public releases shall be submitted for approval prior to release through Commander, Naval Undersea Warfare Center, Division Newport, Newport, RI 02841.

9.2 Operations Security (OPSEC)

For informational purposes only: OPSEC is a process that identifies critical information to determine if friendly actions can be observed by adversary intelligence systems, determines if information obtained by adversaries could be interpreted to be useful to them, and then executes selected measures that eliminate or reduce adversary exploitation of friendly critical information.

OPERATIONS SECURITY (OPSEC): The Contractor shall develop and implement, and update and maintain an OPSEC program to protect controlled unclassified and classified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The Contractor developed OPSEC program may include Information Assurance and Communications Security (COMSEC). The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

5) Flow down of OPSEC requirements to subcontractors when applicable.

While performing aboard NUWC or NUWC sites, the contractor shall: comply with all OPSEC instructions and policies detailed in the NUWCDIVNPT Security Manual; Include OPSEC as part of its ongoing security awareness program and take all required Agency training;

Be responsive to the Supporting OPSEC Manager on a non-interference basis; and Protect sensitive unclassified information and activities, which could compromise classified information or operations, or degrade the planning and execution of operations performed by the Requiring Organization and contractor in support of the mission.

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-204-H002 IMPLEMENTATION OF ENHANCED SECURITY CONTROLS ON SELECT DEFENSE

INDUSTRIAL BASE PARTNER NETWORKS (NAVSEA) (JAN 2020)

1. System Security Plan and Plans of Action and Milestones (SSP/POAM) Reviews

a) Within thirty (30) days of contract award, the Contractor shall make its System Security Plan(s) (SSP(s)) for its covered contractor information system(s) available for review by the Government at the contractor’s facility. The SSP(s) shall implement the security requirements in Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, which is included in this contract. The Contractor shall fully cooperate in the Government’s review of the SSPs at the Contractor’s facility.

b) If the Government determines that the SSP(s) does not adequately implement the requirements of DFARS clause 252.204-7012 then the Government shall notify the Contractor of each identified deficiency. The Contractor shall correct any identified deficiencies within thirty (30) days of notification by the Government. The contracting officer may provide for a correction period longer than thirty (30) days and, in such a case, may require the Contractor to submit a plan of action and milestones (POAM) for the correction of the identified deficiencies. The Contractor shall immediately notify the contracting officer of any failure or anticipated failure to meet a milestone in such a

POAM.

c) Upon the conclusion of the correction period, the Government may conduct a follow-on review of the SSP(s) at the Contractor’s facilities. The Government may continue to conduct follow-on reviews until the Government determines that the Contractor has corrected all identified deficiencies in the SSP(s).

d) The Government may, in its sole discretion, conduct subsequent reviews at the Contractor’s site to verify the information in the SSP(s). The Government will conduct such reviews at least every three (3) years (measured from the date of contract award) and may conduct such reviews at any time upon thirty (30) days’ notice to the Contractor.

2. Compliance to NIST 800-171

a) The Contractor shall fully implement the CUI Security Requirements (Requirements) and associated Relevant Security Controls (Controls) in NIST Special Publication 800-171 (Rev. 1) (NIST SP 800-171), or establish a SSP(s) and POA&Ms that varies from NIST 800-171 only in accordance with DFARS clause 252.204-7012(b)(2), for all covered contractor information systems affecting this contract.

b) Notwithstanding the allowance for such variation, the contractor shall identify in any SSP and POA&M their plans to implement the following, at a minimum:

(1) Implement Control 3.5.3 (Multi-factor authentication). This means that multi-factor authentication is required for all users, privileged and unprivileged accounts that log into a network. In other words, any system that is not standalone should be required to utilize acceptable multi-factor authentication. For legacy systems and systems that cannot support this requirement, such as CNC equipment, etc., a combination of physical and logical protections acceptable to the Government may be substituted;

(2) Implement Control 3.1.5 (least privilege) and associated Controls, and identify practices that the contractor implements to restrict the unnecessary sharing with, or flow of, covered defense information to its subcontractors, suppliers, or vendors based on need-to-know principles;

(3) Implement Control 3.1.12 (monitoring and control remote access sessions) - Require monitoring and controlling of remote access sessions and include mechanisms to audit the sessions and methods.

(4) Audit user privileges on at least an annual basis;

(5) Implement:

i. Control 3.13.11 (FIPS 140-2 validated cryptology or implementation of NSA or NIST approved algorithms (i.e.

FIPS 140-2 Annex A: AES or Triple DES) or compensating controls as documented in a SSP and POAM); and,

ii. NIST Cryptographic Algorithm Validation Program (CAVP) (see https://csrc.nist.gov/projects/cryptographic-algorithm-validation-program);

(6) Implement Control 3.13.16 (Protect the confidentiality of CUI at rest) or provide a POAM for implementation which shall be evaluated by the Navy for risk acceptance.

(7) Implement Control 3.1.19 (encrypt CUI on mobile devices) or provide a plan of action for implementation which can be evaluated by the Government Program Manager for risk to the program.

3. Cyber Incident Response

a) The Contractor shall, within fifteen (15) days of discovering the cyber incident (inclusive of the 72-hour reporting period), deliver all data used in performance of the contract that the Contractor determines is impacted by the incident and begin assessment of potential warfighter/program impact.

b) Incident data shall be delivered in accordance with the Department of Defense Cyber Crimes Center (DC3) Instructions for Submitting Media available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx. In delivery of the incident data, the Contractor shall, to the extent practical, remove contractor-owned information from Government covered defense information.

c) If the Contractor subsequently identifies any such data not previously delivered to DC3, then the Contractor shall immediately notify the contracting officer in writing and shall deliver the incident data within ten (10) days of identification. In such a case, the Contractor may request a delivery date later than ten (10) days after identification.

The contracting officer will approve or disapprove the request after coordination with DC3.

4. Naval Criminal Investigative Service (NCIS) Outreach

The Contractor shall engage with NCIS industry outreach efforts and consider recommendations for hardening of covered contractor information systems affecting DON programs and technologies.

5. NCIS/Industry Monitoring

a) In the event of a cyber incident or at any time the Government has indication of a vulnerability or potential vulnerability, the Contractor shall cooperate with the Naval Criminal Investigative Service (NCIS), which may include cooperation related to: threat indicators; pre-determined incident information derived from the Contractor's infrastructure systems; and the continuous provision of all Contractor, subcontractor or vendor logs that show network activity, including any additional logs the contractor, subcontractor or vendor agrees to initiate as a result of the cyber incident or notice of actual or potential vulnerability.

b) If the Government determines that the collection of all logs does not adequately protect its interests, the Contractor and NCIS will work together to implement additional measures, which may include allowing the installation of an appropriate network device that is owned and maintained by NCIS, on the Contractor's information systems or information technology assets. The specific details (e.g., type of device, type of data gathered, monitoring period) regarding the installation of an NCIS network device shall be the subject of a separate agreement negotiated between NCIS and the Contractor. In the alternative, the Contractor may install network sensor capabilities or a network monitoring service, either of which must be reviewed for acceptability by NCIS. Use of this alternative approach shall also be the subject of a separate agreement negotiated between NCIS and the Contractor.

c) In all cases, the collection or provision of data and any activities associated with this statement of work shall be in accordance with federal, state, and non-US law.

End of Text)

C-211-H016 SPECIFICATIONS AND STANDARDS (NAVSEA) (OCT 2018)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements. All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only unless specifically identified below.

None

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does 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 of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)

(a) Definitions. As used in this text:

Article means a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical, and does not pose a physical hazard or health risk to employees.

Boundary of containment means a continuous tight seal (barrier) to prevent the release of functional mercury during normal operation and maintenance. Examples include the exterior of a fluorescent lamp, glass capsule of a mercury switch, and container for mercury reagents. A double boundary of containment consists of two independent seals.

Functional mercury means mercury or mercury compound(s) contained in equipment that is required for the equipment to operate properly, such as that found in mercury switches, fluorescent lamps, flat-panel monitors, thermostats, thermostat probes, small coin type batteries, barometers, and dental amalgams.

Hardware means any article, container, piece of material, individual part, subassembly, assembly, component, or system to which mercury control requirements apply.

Mercury-free means hardware that does not contain functional mercury and is not contaminated by mercury or mercury compounds.

Portable means items that are frequently transported during normal operation. Desk lamps, shop lights, and hand-held instruments are considered portable, while bulbs in stationary light fixtures are not. In general, items that require transport only during maintenance, installation, and removal of the items are not considered portable.

(b) The Contractor, and all subcontractors and vendors, shall ensure that mercury or mercury containing compounds are not intentionally added to, or come in direct contact with, hardware or supplies furnished under this contract.

(1) The Contractor shall ensure that mercury and mercury compounds are not taken onboard naval vessels by Contractor, subcontractor, or vendor personnel except for functional mercury used in batteries, dental amalgams, fluorescent lamps, flat-panel monitors, required instruments, sensors or controls, weapon systems, and chemical analysis reagents specified by the Naval Sea Systems Command (NAVSEA).

(2) Portable fluorescent lamps and portable instruments containing elemental mercury must be shock-proof in accordance with MIL-DTL-901E entitled Requirements for Shock Tests, H.I. (High Impact) Shipboard Machinery, Equipment, and Systems and have mercury enclosed by a double boundary of containment. Some devices with liquid crystal display (LCD) screens utilize a fluorescent bulb backlight to illuminate the LCD screen.

No additional restrictions or controls apply to devices with LCD screens; however, the Contractor shall remove the LCD screen and seal it in plastic following any evidence that the backlight failed.

(3) For Submarines, any use of mercury containing items must be approved as required by the Nuclear Powered Submarine Atmosphere Control Manual (S9510-AB-ATM-010/U) Volume 1.

(4) The Contractor shall ensure that mercury and mercury compounds do not contact hardware surfaces in systems covered by NAVSEA Manual NAVSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submarine air systems, level I systems per NAVSEA Publication 0948-LP-045-7010, NAVSEA Material Control Standard, or the submarine safety program (SUBSAFE) surfaces during maintenance or repair. Such hardware is designated as mercury-free. The Contractor shall ensure that all other hardware that could be structurally degraded by contamination with elemental mercury or reactive mercury compounds is separated from it by sufficient distance, or boundaries of containment that effectively prevents contact in all but the most extreme circumstances.

(5) The Contractor shall check any hardware surfaces in the above systems which are known or suspected to have come in contact with mercury or mercury compounds for evidence of structural degradation and external mercury contamination. The existence of external mercury contamination can be determined following MIL-STD- 2041D entitled Control of Detrimental Materials.

(6) The presence of mercury in a product may be determined by checking product labeling on material safety data sheets or safety data sheets. Chemical analysis is not required.

(7) The Contractor shall dispose of any mercury and mercury compounds in accordance with OPNAV Manual (OPNAV M-5090.1) entitled Environmental Readiness Program Manual of 10 January 2014.

(8) If the use of mercury or mercury compounds cannot be avoided, a risk assessment and waiver request, if required, must be performed and submitted per the NAVSEA Hazardous Material Avoidance Process (T9070-AL- DPC-020/077-2). For systems covered by the NAVSEA Manual NAVSEA 0989-064-3000 entitled Cleanliness

Requirements for Nuclear Propulsion Plant Maintenance and Construction, submit the risk assessment and waiver request, if required to Nuclear Propulsion (NAVSEA 08).

(c) In all cases where mercury or a mercury compound has contacted hardware surfaces required to be mercury-free the Contractor shall immediately provide a report to the NAVSEA Dry Environmental Systems and Hazardous Materials (NAVSEA 05P5) via the cognizant contract administration safety office. Reports concerning systems covered by NAVSEA Manual 0989-064-3000 must include NAVSEA Nuclear Propulsion Directorate (SEA 08) in the distribution. Reports must be in letter form and include the date and details of the contact, the surfaces contacted, the recovery actions taken, and the status of the affected surfaces.

(End of Text)

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A, attached hereto.

C-233-H001 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT--BASIC (NAVSEA) (OCT 2018)

(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work.

Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) Description of work necessary to undo work already completed which has been deleted by the change;

(3) Description of work not required by the terms hereof before the change, which is substituted or added by…