N68335-18-R-0024_Solicitation_FINAL.docx

N6833518R0024

Section A - Solicitation/Contract Form

SECTION A

ALL SUBMITTED PROPOSALS SHALL BE VALID FOR 90 DAYS.

PROPOSALS ARE TO BE MAILED TO THE ADDRESS LISTED IN BLOCK 7 OF PAGE 1. ALL PROPOSALS SHALL BE MAILED TO THE ATTENTION OF MS. MELISSA BUCCI, CODE 2.5.2.5.2, (732) 323-1578 AND SHALL BE RECEIVED IN ACCORDANCE WITH BLOCK 9 ON PAGE 1 OF THIS SOLICITATION. LATE PROPOSALS WILL BE ACCEPTED, HOWEVER, ALL EFFORTS SHALL BE TAKEN TO SUBMIT YOUR PROPOSALS ON TIME AS THERE WILL BE NO GUARANTEE THAT YOU WILL BE INCLUDED AS A BOA HOLDER FOR THE FIRST TASK ORDER COMPETITION.

THE GOVERNMENT WILL NOT ACCEPT ELECTRONIC SUBMISSIONS OF ANY PROPOSALS.

POINTS OF CONTACT

The Contract Specialist for this solicitation is Melissa Bucci, CODE 2.5.2.5.2, phone (732) 323-1578, e-mail melissa.bucci@navy.mil

The Contracting Officer for this solicitation is Kevin Smith, CODE 2.5.2.5, phone (732) 323-7789, e-mail kevin.smith11@navy.mil

The Contracting Officer Representative (COR) will be determined at time of Task Order award.

The Technical Point of Contact (TPOC)/Wide Area Work Flow (WAWF) Acceptor will be determined at time of Task Order Award.

AGREEMENT INFORMATION:

AGREEMENT

A-01 DESCRIPTION OF AGREEMENT

This Basic Ordering Agreement, as defined in FAR 16.703, provides the terms and conditions under which the contractor is required to provide supplies/services as identified in section B. This "Agreement" is primarily used as means of expediting procurement and is neither intended to restrict competition nor imply that the Government may place future orders for materials.

A-02 AUTHORIZED ORDERING ACTIVITIES

The Contracting Offices of the following Government Activities may place orders under this agreement:

Naval Air Warfare Center Aircraft Division Highway 547 Lakehurst, NJ 08733-5082 DoDAAC: N68335

A-03 REQUIRING ACTIVITIES

The cognizant requiring activity designated below will determine appropriate requirements to be set forth in priced or unpriced orders issued in accordance with Section H:

Naval Air Warfare Center Aircraft Division

HWY 547

Lakehurst, NJ 08733-5082

A-04 CONDITIONS FOR MAINTENANCE OF AGREEMENT

This agreement may be modified by mutual agreement of the parties only. This agreement may be terminated upon 30 day written notice by either party to the other, except that the Government may immediately terminate this agreement at any time after the parties fail to agree upon any deletion, modification or addition to this agreement which is required by statute, Executive Order or the Federal Acquisition Regulation. No deletion, modification, addition to, or termination of this agreement shall affect any orders previously implemented under the provisions of this BOA.

The PCO shall issue a bilateral modification annually revising the terms and conditions of the BOA to conform with the applicable current requirements of the Federal Acquisition Regulation (FAR), the Department of Defense Federal Acquisition Regulation Supplement (DFARS), the Navy Acquisition Procedures Supplement (NAPS), statutes, Executive Orders, or other regulations. Any revised terms and conditions of the BOA shall not apply to orders placed prior to the date of the bilateral modification incorporating such revisions.

A-05 ORDERING AND TYPES OF ORDERS

This Agreement does not by itself order supplies or services. To bring this Agreement in operation, the Contracting Officer of the Authorized ordering activities shall issue the types of orders outlined below.

(a) Priced Orders, Priced orders are defined as orders for which the parties have agreed upon price, delivery and all other terms and conditions of the order prior to issuance.

(b) Unpriced Orders. Unpriced orders are defined as orders issued prior to agreement upon price and delivery for the articles listed on such orders. When the Contracting Officer considers that the urgency of the requirements so warrants, he may issue an unpriced order containing a monetary limitation for all the articles listed therein (this monetary limitation shall be deleted upon establishment of contract prices). Such unpriced orders authorize and require immediate commencement by the contractor except as provided in paragraphs A-07 and A-08 of this Section.

A-06 CONTENT OF TASK ORDERS

Orders placed under this Agreement shall be in accordance with paragraph H-04, Section "H" herein.

A-07 MAXIMUM LIABILITY OF THE GOVERNMENT

Pending establishment of firm fixed prices, as provided in A-05 above, the maximum liability of the Government under any Unpriced Order shall not exceed the monetary limitation set forth therein, as may be adjusted in writing by the Procuring Contracting Officer. Pending the establishment of firm prices, the contractor shall not be obligated to incur cost or deliver material, which exceeds the monetary limitation of the order.

A-08 UTILIZATION OF CEILING PRICES

Due to funding limitations, certain procurements may require the establishment of a “not to exceed ceiling.” These requirements will be identified prior to the placement of an Unpriced Task Order. The resultant Unpriced Task Order will contain a ceiling price which may not be exceeded under any circumstances and is subject to downward revision only, as a result of negotiations conducted pursuant to Clause H-05.

A-09 AUTHORIZED REPRESENTATIVE OF THE PROCURING CONTRACTING OFFICER (PCO)

The authorized representative of the PCO for the purpose of definitizing unpriced orders issued under this agreement is TBD. Such authority of the DCMA includes allowing the representative to exercise judgment under the terms of the “Disputes” provisions of this Agreement.

A-10 PROCEDURES FOR PRICING UNPRICED ORDERS

Procedures for pricing unpriced orders shall be in accordance with paragraph H-05, Section “H” herein.

A-11 DATA/PROVISIONING

Any data requirements under this Agreement shall be identified separately in each applicable Task Order. All items of Data Order will be set forth on a DD form 1423.

A-12 SPECIFICATIONS

(a) Material provided on orders under this agreement shall be in accordance with the applicable drawing revision such that fit, form and function is maintained.

(b) ORDER OF PRECEDENCE: Any inconsistency in this BOA shall be resolved by giving precedence in the following order (1) the schedule (excluding the specifications); (2) representations and other instructions; (3) contract clauses; (4) other documents, exhibits, and attachments; and (5) the specifications.

Section B - Supplies or Services and Prices

Labor

CPFF

Alteration/Installation Support Services FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Material

COST

Material necessary for Alteration/Installation Support Services

ESTIMATED COST

Travel

COST

Travel necessary for Alteration/Installation Support Services

ESTIMATED COST

Labor

FFP

Alteration/Installation Support Services

NET AMT

Material

Material necessary for Alteration/Installation Support Services

NET AMT

Travel

Travel necessary for Alteration/Installation Support Services

NET AMT

CDRLs

Data for Alteration/Installation Support Services

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

1.0 SCOPE

The Alteration Installation Team (AIT) Contractor shall provide qualified personnel to perform shipboard alterations for removal and installation services for the NAVAIR Aircraft Launch and Recovery Equipment (ALRE) Systems.

Carrier availability and yard periods are subject to change. Once NAVAIR is notified of a change the AIT will be notified. Work performed shall be done in accordance with the applicable Ship Installation Drawings associated with each ALRE system and the Ship that system will be installed on. These services shall include work in the following areas:

· Quality Assurance (QA)

· System Removal

· Packaging and Shipping

· Debris/Hazardous Material Disposition

· Structural Work

· Welding

· Non-Destructive Testing

· Electrical/Electronics

· Piping/Plumbing

· Fire Watch

· Painting

· Pre-Installation Checkout

2.0 APPLICABLE DOCUMENTS and GUIDANCE.

The following documents and guidance shall be applicable to the extent specified herein.

2.1 General

2.1.1 Shipboard. All shipboard work shall be performed in accordance with the requirements of the “General Specification for Overhaul of Surface Ships (GSO)” (NAVSEA S9AA0-AB-GOS-010); NAVSEA Technical Specification 9090-310(F (or current series)); and all NAVSEA Standard Items.

2.1.1.1 Shipboard Quality System. An approved NAVSEA “Quality System” shall be maintained in accordance with NAVSEA Technical Specification 9090-310(F (or current series)); and all NAVSEA Standard Items.

2.1.1.2 Welding and Non-Destructive Testing (NDT). All welding and NDT of welding shall be performed in accordance with MIL-STD-1689A, “Requirements for Fabrication Welding and Inspection”.

2.1.1.3 Fire Watch. Fire Watches shall be utilized for all Hot Work. All Fire Watches shall be certified in accordance with the requirements of NAVSEA Technical Specification 9090-310(F (or current series)) and applicable NAVSEA Standard Items.

2.1.2.1 Welding and Non-Destructive Testing (NDT). All welding and NDT of welding shall be performed in accordance with applicable American Welding Society (AWS) Structural Welding Codes.

2.1.2.2 Fire Watch. Fire Watches shall be utilized for all Hot Work. All Fire Watches shall be certified in accordance with local Fire Code requirements.

3.0 REQUIREMENTS

3.1 General. All work shall be accomplished in accordance with the technical documentation provided by the government in Attachment 1. The Contractor shall document all installation activities by Attachment 1in a Integrate Program Management Report, CDRL D004. Installation requirements documentation will typically be provided in the form of Installation Control Drawings (ICDs), Ship Installation Drawings (SIDs) and specifications. The contractor shall provide to the Government any changes to the SIDs per CDRL A001, “SIDS”.

3.1.1 Access and Clearance. The Contractor shall be responsible for obtaining personnel clearance and access to all work areas both shipboard and ashore.

3.1.2 Working Hours. Working hours shall be Monday through Saturday, 10 hours/day, with a 1 hour lunch period (For a total working day of 11 hours). Due to ship availability and possible schedule delays the contractor may be required to work Sundays and/or double shifts. Any overtime requests must be preapproved by the Contracting Officers Representative (COR).

3.1.3 Tools and Equipment. The Contractor shall be responsible for providing all tools and equipment required to perform the work.

3.1.4 Quality Assurance (QA). The Contractor shall be responsible for the quality of all work performed in accordance with this SOW. QA verification shall be performed by a qualified specialist from the list submitted per CDRL C001, “Contactor’s Personnel Roster”. The Contractor shall submit a copy of their program certification per CDRL D001 “QA Program Certification”. The Contractor shall submit a copy of their approved QA manual per CDRL D005 “Quality Assurance Manual.

3.1.5 Proof Load Testing. The Contractor shall be responsible for all proof load testing. This includes provisioning of properly calibrated and certified instruments and equipment. When applicable, NDT of welds shall be performed before and after proofload testing. The Contractor shall provide a Certificate of Conformance to the NAVAIR 4.8 On-Site Installation Coordinator (OSIC), including applicable NDT records, upon successful completion of proof load testing.

3.1.6 System Checkout. When applicable, the Contractor shall conduct a system checkout of all the installed infrastructure and equipment. The Contractor shall support the NAVAIR System Operational Verification Team (SOVT) during the verification of all installed equipment.

3.1.7 Packaging and shipping. The Contractor shall be responsible for uncrating/un-packaging any Government Furnished Material/Equipment (GFM/GFE). The Contractor shall also be responsible for the packaging, shipping and storage of any removed equipment. Packaging will be sufficient to provide protection from damage during shipping and handling. The Contractor shall ship any removed and packaged equipment in accordance with the resulting Task Order.

3.1.8 Debris/Hazardous Material Disposition. The Contractor shall be responsible for the removal and proper disposition of any debris and scrap material resulting from the work performed. The Contractor shall provide only qualified personnel to perform the removal and disposition of Hazardous Material. All Hazardous Material shall be disposed of in accordance with Federal and State requirements.

3.1.9 Expenditure Report. The Contractor shall submit a report of actual AIT expenditures per CDRL B001 “Funds and Man-Hours Expenditure Report”.

3.1.10 Condition Report. The Contractor shall submit, as required, a change in scope of work per CDRL C002 “Condition Report”.

3.1.11 Liaison Action Request (LAR). The Contractor shall submit, as required, a deviation report per CDRL C003 “Liaison Action Request”.

3.1.12 Progress Report. The Contractor shall submit a detailed progress report per CDRL C004 “Contractor’s Progress, Status and management Report”.

3.1.13 Final Report. The Contractor shall provide a summary of tasks performed per CDRL D002 “Final Report”.

3.1.14 Plan of Actions and Milestones (POA&M). The POA&M submittal shall be in accordance with Naval Sea System Command Technical Specification 9090-310F (or current series) para 3.5.1. and submitted 14 DAC per CDRL D004. The POA&M submittal shall be in Microsoft Project and in the format of the applicable shipyard. Following completion of the POA&M, the Government will meet with the Contractor at the Contractor’s facility to review the POA&M. The Government will direct the contractor to expand on the level of detail within the POA&M if the Government on-site representative determines the scope of work is not accurately captured in the POA&M for accurate tracking. Additionally, the POA&M shall comply with the following: All tasks (except the first task) shall have at least one predecessor task and all tasks (except the last task) shall have at least one successor task, exceptions must be approved by the Government Program Manager. The POA&M must be updated weekly and discussed with the Government during the weekly status teleconference.

3.2 Shipboard

3.2.1 Regional Maintenance and Modernization Office (RMMCO) Check-In/ Check Out The contractor shall be required to perform all the requirements for RMMCO Check-in and Check-out prior to and at the conclusion of all alterations and installations.

3.2.2 Work Authorization Forms (WAFs). The Contractor shall be responsible for WAF submissions. The NAVAIR 4.8 OSIC shall verify all WAF approvals prior to the commencement of hot work and work on electrical systems.

3.2.3 Structural Work. The Contractor shall be responsible for on-site layout, grinding, cutting and fabrication. All bulkheads, deck, and the overhead shall be “clean walled” any extemporaneous welds, protrusions, and cable stand-offs shall be ground flush. Dimensions and tolerances shall be in accordance with the SID’s and ICD’s. WAFs shall be submitted, and approval obtained, prior to the commencement of any operation which produces hot sparks, e.g., grinding, sanding, chipping, etc.

3.2.4 Welding. The Contractor shall be responsible for the performance and quality of all welds. The Contractor shall ensure welders and welding procedures are certified in accordance with the requirements of NAVSEA S9074-AQ-GIB-010/248, “Requirements for Welding and Brazing: Procedure and Performance Qualification”. The Contractor shall be responsible for properly venting all fumes produced during welding and/or thermal cutting operations. The Contractor shall obtain an approved hot work WAF, daily, prior to the commencement of welding operations.

3.2.5 Non-Destructive Testing (NDT). The Contractor shall be responsible for performing NDT in accordance with applicable drawing requirements. NDT procedures and personnel qualifications shall be certified in accordance with NAVSEA T9074-AS-GIB-010/271, “Requirements for Non-Destructive Testing Methods”.

3.2.6 Electrical/Electronics. The Contractor shall be responsible for identifying and performing connections to shipboard power sources to provide electrical power for tools and equipment required to perform work. The Contractor shall be responsible for the removal/installation of all electrical equipment, power panels, cabling, transformers, receptacles, lighting, junction boxes, and switches as specified in the ICD’s and SID’s. Circuits removed from a power panel shall be relabeled as a “spare”. New circuits shall be labeled in accordance with applicable NAVSEA Standard Items. Remnant cable stand-offs will be removed and residual welds ground flush. Personnel shall be properly grounded while handling Printed Circuit Boards (PCB). Electrical systems shall be de-energized prior to, and during the performance of work. WAF’s shall be submitted, and approval obtained, prior to the commencement of work on electrical systems.

3.2.7 Piping/Plumbing. The Contractor shall provide qualified personnel for the performance of work required on plumbing/piping systems. WAF’s shall be submitted, and approval obtained, prior to the commencement of work on plumbing/piping system.

3.2.8 Fire Watch. The Contractor shall provide Fire Watches for the performance of all hot work, i.e., welding, cutting, and grinding. Two (2) certified Fire Watches shall be provided during each day of hot work. Fire Watching duties shall include adjacent boundary compartments. The Fire Watches shall be responsible for providing all fire suppression devices/equipment required for the performance of their duties. WAF’s shall be submitted, and approval obtained, prior to the commencement of hot work operations.

3.2.9 Painting. Painting shall be performed in accordance with GSO-2000, Section 631 and the ICD/SID requirements. At a minimum, all surfaces disturbed during work shall be painted. This includes opposing boundary surfaces affected by hot work. WAF’s shall be submitted, and approval obtained, prior to the commencement of any painting.

3.2.10 Pre-Installation Checkout (PICO) The Contractor shall perform a PICO on any and all equipment that is part of an external system prior to performing work on that equipment. This includes existing equipment that is to be removed and relocated incidental to this alteration or equipment that is being connected to as an interface by another alteration. The Contractor shall submit a PICO, completion Report and test requirements, per CDRL D003 “Pre-Installation Check-Out (PICO) Test Documents”.

3.3 Shore Site.

3.3.1 Structural Work. The Contractor shall be responsible for on-site layout, grinding, cutting and fabrication. All surfaces shall be “clean walled” – any extemporaneous welds, protrusions, and cable stand-offs shall be ground flush. Dimensions and tolerances shall be in accordance with Public Works Code (PWC) and ICD’s. Approved hot work permits must be obtained from the local Fire Department prior to the commencement of any operation which produces hot sparks, e.g., grinding, sanding, chipping, etc.

3.3.2 Welding. The Contractor shall be responsible for the performance and quality of all welds. The Contractor shall ensure welders and welding procedures are certified in accordance with the requirements of applicable AWS Structural Welding Codes, e.g., AWS D1.1-Steel; AWS D1.2-Aluminum; AWS D1.6-Stainless Steel. The Contractor shall be responsible for properly venting fumes produced during welding and/or thermal cutting operations. The Contractor shall obtain an approved hot work permit, daily, from the local Fire Department prior to the commencement of hot work.

3.3.3 Non-Destructive Testing (NDT). The Contractor shall be responsible for performing NDT in accordance with applicable drawing requirements. NDT personnel qualifications shall be certified in accordance with American Society for Nondestructive Testing (ASNT), SNT-TC-1A, NDT Level II or III “Recommend Practice for Nondestructive Testing – Personnel Qualification and Certification”.

3.3.4 Electrical/Electronics. The Contractor shall be responsible for identifying and performing connections to power sources to provide electrical power for tools and equipment required to perform work. The Contractor shall be responsible for the removal/installation of electrical equipment, power panels, cabling, transformers, receptacles, lighting, junction boxes, and switches as specified in the ICDs. Circuits removed from a power panel shall be relabeled as a “spare”. New circuits shall be installed and labeled in accordance with the National Electrical Code (NEC) and local requirements. Personnel shall be properly grounded while handling Printed Circuit Boards (PCB). All electrical systems shall be de-energized prior to, and during the performance of work. The Contractor shall obtain explicit approval from the local PWC Electrical Engineering Branch prior the commencement of any electrical operation.

3.3.5 Piping/Plumbing. The Contractor shall provide qualified personnel for the performance of work required on plumbing/piping systems. The Contractor shall obtain approval from the local PWC Engineering Branch prior to the commencement of work on plumbing/piping systems.

3.3.6 Fire Watch. The Contractor shall provide Fire Watches for the performance of all hot work, i.e., welding, cutting, and grinding. Two (2) certified Fire Watches shall be provided during each day of hot work. Fire Watching duties shall include adjacent boundary areas. The Fire Watches shall be responsible for providing all fire suppression devices/equipment required for the performance of their duties. The Contractor shall obtain an approved hot work permit, daily, from the local Fire Department prior to the commencement of hot work.

3.3.7 Painting. Painting shall be performed in accordance with the ICD’s and with approval from the local PWC Engineering Branch. At a minimum, all surfaces disturbed during work shall be painted. This includes boundary surfaces affected by hot work.

3.3.8 Pre-Installation Checkout (PICO) The Contractor shall perform a PICO on any and all equipment that is part of an external system prior to performing work on that equipment. This includes existing equipment that is to be removed and relocated incidental to this alteration or equipment that is being connected to as an interface by another alteration. The Contractor shall submit PICO test requirements per CDRL D003 “Pre-Installation Check-Out (PICO) Test Documents”.

3.3 DELIVERABLES

The contractor shall provide the following Contract Data Requirement Lines (CDRLs) as requested:

4.0 MATERIALS:

4.1 Contractor Furnished Material/Equipment: The Contractor shall procure all material in the Bill of Material provided in Ship Installation Drawings per applicable Ship Alteration and Ship Change Documents. The Contractor shall provide all consumable material to support the installation.

5.0 OTHER

5.1 Security: Work performed under this contract is “UNCLASSIFIED” with the exception that contractor personnel entering “CLASSIFIED” spaces will require a SECRET clearance.

5.2 Other Direct Costs (ODCs): The Contractor shall provide the materials and travel to manage and perform tasks contained within each task order. COR approval shall be obtained prior to the purchase of any material or travel expenses. All material purchased by the contractor under this contract becomes the property of the Federal Government. Travel will be provided only when it is essential to perform the tasks detailed above and will be reimbursed at cost in accordance with the Joint Travel Regulation.

5.3 Place of Performance

5.3.1 Ships: Contractor’s facilities and onboard US Navy Ships including all CVNs and L Class Ships. Primarily the ship will be pier side located at various ports on the continental United States east and west coasts and Ship Repair Facility, Yokosuka Japan.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERIES

F-01 DELIVERIES

Unless otherwise specified, the services shall be initiated within 5 working days after the task order is negotiated. However, the contractor does have the option to reject the order per Clause H-04.

The data shall be shipped by the Contractor F.O.B. Destination in accordance with FAR 52.247-34 (Jan 1991), unless otherwise specified.

F-02 TIME OF DELIVERY

The items to be furnished hereunder shall be delivered by the Contractor within the time set forth in each task order or as otherwise specified in applicable modifications or supplements.

F-03 ACCELERATED DELIVERY

Accelerated delivery to the greatest extent possible in advance of the specified delivery schedule is desired. Any accelerated delivery will be at no additional expense to the Government, unless specifically authorized by the Procuring or Administrative Contracting Officer.

NOTE:

Delivery information will be provided on each task order.

DELIVERY INFORMATION

31-JAN-2023

31-JAN-2023

31-JAN-2023

31-JAN-2023

31-JAN-2023

31-JAN-2023

31-JAN-2023

Section G - Contract Administration Data

(b) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.

Section H - Special Contract Requirements

ADDITIONAL REQUIREMENTS

H-01 Government Furnished Property

Government Furnished Property, when authorized will be indicated on each order issued hereunder.

H-02 Discount Terms

Discount Terms, if applicable, will be shown on each order issued hereunder.

H-03 Terms of Agreement

This agreement shall remain in full force and effect for a period not to exceed 5 years from the effective date shown on cover page thereof.

H-04 Orders

Orders will be issued by the Government in the form and manner set forth in this agreement. It is agreed between the parties that there is no obligation upon the Government under the terms therefore to issue any such order and that the Government shall not incur any liability to the Contractor if no such order is issued.

The Government contemplates issuance of:

a. Firm fixed price mutually established orders consistent with NAVAIR clause 5252.216-9533 Orders Under BOAs (Fixed-Price)(NAVAIR)(Oct 2005);

b. Cost reimbursement mutually established orders consistent with NAVAIR clause 5252.216-9536 Orders Under BOA’s (Cost-Reimbursement)(NAVAIR)(SEP 2003);

c. When required to meet emergency requirements, unpriced orders may be utilized and price to be negotiated;

d. Supplemental agreements definitizing orders after negotiation and agreement by the parties on consideration, delivery schedules and all other terms; and

e. Any other modifications to individual orders as may be required during the life of this Agreement.

Orders issued hereunder will include, as applicable, but will not be limited to the following:

a. Cite basic ordering agreement

b. Cite negotiation authority

c. Cite order number

d. Cite order rating

e. Cite Government point of contact

f. Provide a general description of the work to be performed, including the equipment and/or components in accordance with the Statement of Work contained herein.

g. Cite man-hour rates, per diem rates and travel rates (time and Material Contracts) (if appropriate)

h. Specify criteria for acceptance

i. Cite F.O.B. point and applicable F.O.B. clause(s)

j. Specify the point of final inspection and acceptance of services or supplies ordered.

k. Cite applicable inspection clause(s)

l. Specify required delivery schedule or period of performance and the effective date from when billing shall begin.

m. Cite packing and marking requirements.

n. Indicate if applicable, what data, drawings, specifications, or other source material including the end items equipment or applicable component, if any, is to be furnished by the Government and dates which contractor may expect to receive the data or equipment.

o. If applicable, furnish security handling requirements (DD Form 254)

p. Show citation of funds, office of payment, and other instructions or information, pertinent to the specific order hereunder.

q. Cite, when applicable, estimated amount for travel, per diem and materials.

r. Cite "As Required" clauses from Section I applicable to that order by FAR Reference No., Title and Date.

The Contractor agrees to accept or reject each order within fifteen (15) working days after it has been received. Rejection of an order shall be by telephonic notice from the Contractor to the Contracting Officer, followed by written confirmation. If the Contracting officer does not receive notice of rejection of an order within fifteen (15) days after the order has been received by the Contractor, the order shall be deemed to have been accepted.

H-05 Ordering Procedure

a. The Government will issue orders under this BOA by utilizing the forms as designated below:

ORDERS AT AN

ESTIMATED AND/OR CEILING PRICE

ORDERS AT

FIXED TERMS

Step I

DD 1155 or Standard Form 26 Citing maximum price or ceiling Limitation

DD Form 1155 or SF 26

Step II

SF 30 definitizing DD 1155 or SF 26 negotiation of consideration, delivery and all terms and conditions

N/A

b. All orders issued by the Government hereunder shall incorporate by reference the terms of this Basic Ordering Agreement.

c. The Government contemplates issuance of the following types of orders:

(i) Priced order

Upon request of the Contracting Officer, the Contractor shall furnish a proposal for the required supplies and/or services, enter into negotiation as soon thereafter as practicable and establish price, firm delivery schedules and all other terms applicable to this requirement. When prices, delivery schedules and all other terms pertinent to the requirement have been agreed upon, the issuance, acceptance and execution of a bilateral priced order, via Standard Form 26, shall be the point at which contract becomes effective. Procedurally, a Priced Order will be executed by the Contractor, and, thereafter, the Government will make acceptance via execution, whereupon a binding contract will be in force. Priced Orders may be issued unilaterally by Government, via DD Form 1155, where the Contractor's written offer is accepted by the Government precisely as offered.

(ii) Unpriced Order.

(1) Upon acceptance of an Unpriced Order the Contractor shall immediately commence performance of the work specified therein, to the end that the supplies or services specified may be delivered or completed at the earliest date practicable. The Contractor is required to convey a rejection believed to be outside the scope of work of an Order by written notice to the Contracting Officer within 30 days after the date of the receipt of the order. Acceptance of an order must be acknowledged immediately using the format set forth below.

CONTRACTOR'S RECEIPT: (Orders at estimated consideration):

"The Contractor hereby acknowledges receipt of this order"

(Name of Contractor) (Date)

(Signature) (Title)

(2) The Unpriced Orders issued pursuant to this Agreement will authorize the contractor to proceed with performance (if accepted) and will set forth the desired or required delivery schedules, a limitation of obligation for cost on the part of the Government and any other special terms and conditions. Procedurally, an Unpriced Order will be executed by the Government and, thereafter; the Contractor will make acceptance by letter, whereupon a binding contract will be in force. The effective date of the contract may, by agreement, be other than the date executed.

(3) The Contractor shall submit to the Government within sixty (60) days from the date of receipt of an Unpriced Order a signed proposal containing firm delivery dates (where delivery is negotiable) and any cost or pricing data required by the provisions of this Agreement or as requested by the Contracting Officer in accordance with the guidelines established by FAR 15.403-4. After receipt of the proposal, negotiations will be entered into and Order Modification executed by the Government and the Contractor within 120 days (180 days if field pricing support is required) or before 40% of the work is completed, whichever occurs first. The Contractor may submit a written request for an extension of time for submission of his proposal; if the circumstances detailed so warrant, the Contractor Officer may grant the request. In the event of failure by the Contractor to timely submit a proposal (or present mitigation), the Contracting Officer may withhold progress payments or disallow provisional billing or both, until the situation is corrected. The Contractor shall not make delivery of any supplies and/or services prior to the execution of a definitizing bilateral Order Modification unless the Contractor has the express written approval of the Contracting Officer.

Failure of the parties to agree on any term or provision applicable to any Unpriced Order or Order Modification shall constitute a dispute concerning a question of fact within the meaning of the clause entitled "Disputes" of the Contract Clause of this Agreement and be subject to the procedures of said clause. Pending settlement of to the procedures of said clause or such dispute, the Contracting Officer shall establish prices that are considered fair and reasonable and shall set them forth in a priced modification to the order indicating thereon that such prices are based on the final decision of the Contracting Officer, which decision is subject to appeal in accordance with the Disputes Clause.

(4) The Contractor agrees, promptly upon receipt of an order hereunder, to furnish directly to the issuing Contracting Officer:

a. Reason, if any, why the delivery schedule in such order cannot be met;

b. Identification of any item in the order which is obsolete;

c. Recommendation of appropriate superseding or substitute interchangeable items;

d. Report of any discrepancies or inaccuracies in the order;

(5) The Contractor shall not exceed this monetary limitation without the prior written Approval of the Contracting Officer.

(6) In addition to a monetary limitation, unpriced orders to be definitized on a fixed price basis may contain a ceiling price subject to DOWNWARD NEGOTIATION ONLY. Upon acceptance of an unpriced order citing a ceiling price, the Contractor will negotiate a fixed price. If the order contains a specific Economic Price Adjustment provision, the ceiling price will limit the original order and not the escalation for cost increases occurring subsequent to definitization of the unpriced order.

(7) The parties may, when deemed necessary to the Contracting Officer to support program objectives, negotiate a firm delivery schedule prior to issuance of an unpriced order. The Order will reflect that the delivery schedule is firm and that the parties have agreed thereto. The Contractor's acceptance of the Order shall constitute acknowledgment of such agreement.

d. Order Modifications will be issued on Standard form 30 where it is necessary to:

(i) Definitize orders after negotiation;

(ii) Modify orders to correct procedural or typographical errors, or effect changes of an administrative nature;

(iii) Make any written alteration of the specifications, delivery point, rate and delivery, contract period, price, quantity, or other provisions of an existing order.

Authority to Issue Orders

All Contracting Officers within the Government Activities identified in Paragraph A-02 are authorized to issue orders under this Basic Ordering Agreement.

The Contractor agrees to accept or reject each order within fifteen (15) working days after it has been received.