N6833519R0001___.59.pdf

N6833519R0001

Section A - Solicitation/Contract Form

SECTION A

POINTS OF CONTACT

Contracts Point of Contact

Contracting Officer

David Andreoli

Phone: (732) 323-5208

Email: david.andreoli@navy.mil

Contract Specialist

John Murtagh

Phone: (732) 323-5283

Email: john.c.murtagh@navy.mil

Government Technical Point of Contact

Dana Kaminsky

Phone: (732) 323-7193

Email: dana.kaminsky@navy.mil

The purpose of this solicitation is for the intended single award of a Fixed Price, Five (5) Year Indefinite Delivery

Indefinite Quantity (IDIQ) type contract for up to QTY 102 Cryogenic Servicing Systems (CSS) for the PMA260

Program. In order to receive copies of the technical data package, interested offerors must be United States

Government Contractors and/or DoD Contractors. Contractors must be registered in the System for Award

Management (SAM), which can be accessed at www.sam.gov.

REFER TO NAVAIR CLAUSE 5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (MARCH 1999), LISTED IN SECTION F, FOR THE MINIMUM AND MAXIMUM CONTRACT QUANTITIES.

THE UNIT PRICING FOR THE PRODUCTION UNITS (CLINs 0002, 0004and 100X-500X) SHALL INCLUDE

THE COST FOR THE PRODUCTION ACCEPTANCE TESTING AND CALIBRATION CERTIFICATES.

REFER TO FAR CLAUSE 252.216-7006 ORDERING, LISTED IN SECTION I, FOR THE ORDERING

PERIODS. SPECIFICALLY:

- Delivery Orders for Year One (CLINs 0001-0012 and 1001) may be issued from date of contract award through 365 days after Government Release for Production approval.

- Delivery Orders for Year Two (CLINs 0011 and 2001) may be issued from 366 days after Government

Release for Production approval through 730 days after Release for Production approval.

- Delivery Orders for Year Three (CLINs 0011 and 3001) may be issued from 731 days after Government

Release for Production approval through 1,095 days after Release for Production approval.

- Delivery Orders for Year Four (CLINs 0011 and 400X series) may be issued from 1,096 days after

Government Release for Production through 1,460 days after Release for Production approval.

- Delivery Orders for Year Five (CLINs 0011 and 500X series) may be issued from 1,461 days after

Government Release for Production through 1,825 days after Release for Production approval.

The maximum quantities detailed on the individual CLINs in Section B do not represent an absolute quantity of each

CLIN. These values are listed as a result of system constraints. The estimated quantities for ordering periods set forth below are illustrative only and do not represent firm quantities to be ordered within that period. The minimum and maximum amounts of this solicitation can be found in clause 5252.216-9506 “Minimum and Maximum

Quantities.” All quantities to be ordered shall be in accordance with each delivery order.

Accelerated deliveries will be authorized at no additional cost to the Government.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Build of First Pre-Production Unit

FFP

Build to Print of First Pre-Production Unit Part Number (PN) 1678AS100-1 through testing and approval of Test Plan, CDRL A004 in accordance with the

Statement of Work, Attachment 1, listed in Section J, Paragraph 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 3.1.1, and 3.2.1

FOB: Destination

PSC CD: 3655

NET AMT

0002 1 Lot Test and Delivery of Pre-Production Unit

FFP

Testing and Delivery of PN 1678AS100-1 in accordance with the Statement of

Work, Attachment 1, listed in Section J, Paragraph 2.3.2, 2.3.3, 2.3.4, 3 .0, 3.1 and

3.3, 4.4.1, 4.4.3, 4.5.2, and 4.9

FOB: Origin (Shipping Point)

0003 1 Lot First Pre-Production Unit Test Report

FFP

Delivery and Approval of CDRL A008 in accordance with the Statement of Work, Attachment 1, Paragraph 2.1.6 and 3.1.2 and Exhibit A listed in Section J

0004 1 Lot Second Pre-Production Unit and PCA

FFP

Build, Testing, Physical Configuration Audit, and Delivery of One PN

1678AS100-1 in accordance with the Statement of Work, Attachment 1 listed in

Section J, Paragraph 2.1.8, 2.3.2, 2.3.3, 2.3.4, 3.0, 3.2.2 and 3.4, 4.4.1, 4.4.3, 4.5.2, and 4.9

Technical Data Delivery

FFP

Delivery of Technical Data in accordance with CDRLs A001, A002, A0003, A004, A006, A007, A009, A012 and A013, Exhibit A, Listed in Section J and in accordance with the Statement of Work, Attachment 1, listed in Section J.

0006 1 Each

CDRL A005

FFP

The Contractor shall submit the final Bill of Materials in accordance with CDRL

A005, listed in Section J, Exhibit A and in accordance with the Statement of Work paragraphs 2.1.7 and 2.3.1, Attachment 1, listed in Section J.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0007 1 Each

CDRL LC01

FFP

The Contractor shall submit Obsolescence management plan as listed in Section J.

MAX

UNIT UNIT PRICE MAX AMOUNT

0008 1 Each

CDRL LM01

FFP

The Contractor shall prepare Logistics Product Data Elements Input Data and submit in accordance with CDRL LM01, listed in Section J, Exhibit L and in accordance with the Statement of Work paragraph 4.6.1, Attachment 1, listed in

Section J.

UNIT UNIT PRICE MAX AMOUNT

0009 1 Each

CDRL LL02

FFP

The Contractor shall prepare a Bar Code Identification Report and submit in accordance with CDRL LL02, listed in Section J, Exhibit L and in accordance with the Statement of Work paragraph 4.9.7, Attachment 1, listed in Section J.

UNIT UNIT PRICE MAX AMOUNT

0010 1 Each

CDRL LL01

FFP

As needed, the contractor shall submit a Configuration Management Plan in accordance with CDRL LL01, Exhibit L listed in Section J and in accordance with the Statement of Work paragraph 4.3 and 4.4.1.

UNIT UNIT PRICE MAX AMOUNT

0011 1 Each

CDRL LN01

FFP

The Contractor shall deliver technical manual source data package and submit in accordance with CDRL LN01, listed in Section J, Exhibit L and in accordance with the Statement of Work paragraph 4.7.1 and 4.7.2, Attachment 1, listed in

Section J.

UNIT UNIT PRICE MAX AMOUNT

0012 1 Each

CDRL LP01

FFP

The Contractor shall deliver an Interim Support Item List and submit in accordance with CDRL LP01, listed in Section J, Exhibit L and in accordance with the Statement of Work paragraph 4.8 and 4.8.1, Attachment 1, listed in

Section J.

UNIT UNIT PRICE MAX AMOUNT

1001 5 Each Production Year 1 Units

FFP

PProduction Testing and Delivery of Production Year One Units PN 1678AS100-

1 in accordance with the Statement of Work, Attachment 1, listed in Section

Paragraph 2.3.2, 2.3.3, 2.3.4, 3.0, 3.2.2, 4.9, 4.5.2, 4.4.1, and 4.4.2.

Quantity Range Pricing:

QTY 1-5: $TBD;

QTY 6-10: $TBD;

QTY 11-15: $TBD;

QTY 16-20: $TBD

QTY 21+: $TBD

Delivery shall be at 45 days per unit.

*Any production orders issued within 30 days of the latest order shall be considered part of the order that preceded it, and the Government reserves the right to utilize the stepladder quantity discounts where appropriate.

UNIT UNIT PRICE MAX AMOUNT

2001 20 Each Production Year 2 Units

FFP

Production of PN 1678AS100-1 in accordance with the Statement of Work, Attachment 1, listed in Section J, paragraph 2.3.2, 2.3.3, 2.3.4, 3.2.2, 4.9, 4.5.2, 4.4.1, and 4.4.2.

QTY 6-10: $TBD;

QTY 11-15: $TBD;

right to utilize the stepladder quantity discounts where appropriate.

UNIT UNIT PRICE MAX AMOUNT

3001 15 Each Production Year 3 Units

FFP

roduction of PN 1678AS100-1 in accordance with the Statement of Work, QTY 6-10: $TBD;

QTY 11-15: $TBD;

right to utilize the stepladder quantity discounts where appropriate.

UNIT UNIT PRICE MAX AMOUNT

4001 15 Each Production Year 4 Units

FFP

roduction of PN 1678AS100-1 in accordance with the Statement of Work, QTY 6-10: $TBD;

QTY 11-15: $TBD;

right to utilize the stepladder quantity discounts where appropriate.

UNIT UNIT PRICE MAX AMOUNT

4002 10 Each Production Year 4 Units

FFP

roduction of PN 1678AS100-2 in accordance with the Statement of Work, QTY 6-10: $TBD;

QTY 11-15: $TBD;

right to utilize the stepladder quantity discounts where appropriate.

UNIT UNIT PRICE MAX AMOUNT

5001 5 Each Production Year 5 Units

FFP

Production of PN 1678AS100-1 in accordance with the Statement of Work, Attachment 1, listed in Section J, paragraph 2.3.2, 2.3.3, 2.3.4, 3.2.2, 4.9, 4.5.2, 4.4.1, and 4.4.2.

Quantity Range Pricing:

QTY 1-5: $TBD;

QTY 6-10: $TBD;

QTY 11-15: $TBD;

right to utilize the stepladder quantity discounts where appropriate.

UNIT UNIT PRICE MAX AMOUNT

5002 25 Each Production Year 5 Units

FFP

Production of PN 1678AS100-2 in accordance with the Statement of Work, QTY 6-10: $TBD;

QTY 11-15: $TBD;

right to utilize the stepladder quantity discounts where appropriate.

Section C - Descriptions and Specifications

SECTION C

The Contractor shall provide the supplies and/or services in accordance with Attachment 1, Statement of Work

(SOW) and Attachment 2, Drawings. The Contractor shall also provide technical data in accordance with the

Contract Data Requirements List (CDRL) as identified in each Delivery Order.

Section D - Packaging and Marking

SECTION D

CLINs 0002, 0004, and 1001-5002- Packaging and preservation for shipping shall be IAW best commercial practices for long term preservation.

Upon the completion of testing, the tank shall be purged with nitrogen. To prepare for packaging/shipping, following the purging, valves and lines leading to the inner tank shall be closed and the inner tank shall be pressurized to not less than 10 psig nor more than 20 psig with clean, dry, oil—free nitrogen gas. The ends of all pipes, tubes, and couplings shall be’ securely sealed with pressure sensitive tape.

All items and exterior shipping containers/packaging shall at a minimum be marked with the following information:

Part Number; Nomenclature; Quantity; Serial number(s); Contract Number; National Stock Number; and

Manufacturer’s Name, Address, and CAGE Code.

CLINs 0001, 0003, 0005-0012- Packaging and marking of reports shall be in accordance with the CDRL requirements identified on each CDRL listed in Section J and best commercial practices.

CLAUSES INCORPORATED BY FULL TEXT

5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2005)

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry

Security Program Operating Manual, DoD 5220.22-M.

(b) The contractor shall prominently display on the cover of each report the following information:

(1) Name and business address of contractor.

(2) Contract Number/Delivery/Task order number.

(3) Contract/Delivery/Task order dollar amount.

(4) Whether the contract was competitively or non-competitively awarded.

(5) Name of sponsoring individual.

(6) Name and address of requiring activity.

5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

5252.247-9509 PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998)

(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract.

(b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows:

Part Number; Nomenclature; Quantity; Serial number(s); Contract Number; National Stock Number; and

Manufacturer’s Name, Address, and CAGE Code.

(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.

(d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the

Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site.

This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.

5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999)

Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.

5252.247-9517 PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-

MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002)

All non-manufactured, wooden pallets, reels, or containers shipped or used for shipment under this contract shall be heat treated and marked in accordance with the American Lumber Standards Committee, Incorporated Non-

Manufactured Wood Packing Policy and Non-Manufactured Wood Packing Enforcement Regulations, both dated 30

May 2001.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Origin Government Origin Government

0003 Destination Government Destination Government

0004 Origin Government Origin Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

1001 Origin Government Origin Government

2001 Origin Government Origin Government

3001 Origin Government Origin Government

4001 Origin Government Origin Government

4002 Origin Government Origin Government

5001 Origin Government Origin Government

5002 Origin Government Origin Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard selected below.

Title Number Date Tailoring

Compressed Gas Association’s Pamphlet CGA 4.1-2009 Sixth Edition “Cleaning Equipment for Oxygen Service” for all surfaces that come into contact with high-purity oxygen or nitrogen

American Society of Mechanical Engineers (ASME) Boiler Pressure and Vessel Code Section VIII (ASME

BPVC.VIII.1-2017) and the American Welding Society (AWS) Welding and Brazing Requirements

ANSI/ASQC 9001-2000

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or (ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by TBD.

(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

Section F - Deliveries or Performance

SECTION F

CLINs 0002, 0004, and 1001-5002- The delivery locations set forth in the table below and (or) the DELIVERY

INFORMATION below are provided for planning purposes only. The ship to addresses will be provided by the

Technical Point of Contact (TPOC) listed in Section G. The contractor shall notify the TPOC 30 days prior to the item being ready for shipment to request the delivery address. The delivery dates and planned location of each CLIN are set forth in the table below. A TAC Code will be provided for all FOB Origin deliveries.

CLINs 0001, 0003, and 0005-0012- The ship to address and delivery dates are as defined in each CDRL listed in

Section J. The delivery dates and planned location of each CLIN are set forth in the table below.

CLIN

Number

MAX

QTY

DELIVERY ADDRESS

Delivery Schedule

0001 1 Each Contractor development of test plans for First Article Acceptance Testing and

Production Acceptance Testing shall be completed within 3 months after award of the first delivery order.

Contractor’s facility- Ship in Place

Upon approval of the test plans, a TRR shall be completed within 8 months after contract award.

Upon approval of the TRR, the First Pre-Production Unit (PPU) shall be manufactured and ready for testing within 9 months after contract award.

Upon completion of manufacture of the First Pre-Production Unit for testing, which is scheduled to be no later than 9 months After Contract Award

(ACA), the contractor shall submit an invoice to WAWF for completion of

CLIN 0001.

0002 1 Each Contractor First Article Acceptance Testing shall be completed within 10 months after contract award.

Delivery Address TBD

Upon incorporation of any modifications due to testing, the First Pre-

Production Unitshall be completed and delivered within 12 months after contract award. Upon final approval of the First Pre-Production Unit, which is scheduled to be no later than 13 months ACA, the contractor shall submit an invoice to WAWF for completion of CLIN 0002.

(Pre-Production Unitunits are separate from production units and will not be counted as production units.)

0003 1 Each Contractor Test First Article Acceptance Test Report shall be completed within 11 months after contract award and shall be submitted in accordance with the applicable Contract Data Requirements List (CDRL) A008, DD

Form 1423, Exhibit A. Upon approval of CDRL A008, which is scheduled to be no later than 11 months ACA, the contractor shall submit an invoice to

WAWF for completion of CLIN 0003.

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0004 1 Each Contractor shall build a Physical Configuration Audit (PCA) unit (Second

Pre-Production Unit) upon completion of the third draft of drawings (CLIN

0008). The unit shall be completed within 15 months after contract award.

Contractor's Facility

Contractor shall perform a PCA and the report shall be submitted within 18 month after contract award. Upon final approval of the PCA report CDRL

A014 and the PCA unit, which is scheduled to be no later than 16 months after contract award, the contractor shall submit an invoice to WAWF for completion of CLIN 0004.

0005 1 Each Upon final approval of CDRLs A001, A002, A0003, A004, A006, A007, A009, A012 and A013, which is scheduled to be no later than 19 months after

Lakehurst N68335 contract award, the contractor shall submit an invoice to WAWF for completion of CLIN 0005.

0006 1 Each Upon final approval of CDRLs A005, which is scheduled to be no later than

12 months after contract award, the contractor shall submit an invoice to

WAWF for completion of CLIN 0006.

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0007 1 Each Upon final approval of CDRLs LC01, which is scheduled to be no later than

2 months after contract award, the contractor shall submit an invoice to

WAWF for completion of CLIN 0007.

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0008 1 Each Upon final approval of CDRLs LM01, which is scheduled to be no later than

16 months after contract award, the contractor shall submit an invoice to

WAWF for completion of CLIN 0008.

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0009 1 Each Upon final approval of CDRLs LL02, which is scheduled to be no later than

4 months after contract award, the contractor shall submit an invoice to

WAWF for completion of CLIN 0009.

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0010 6 Each Upon final approval of CDRL LL01, which is scheduled to be no later than 2

(two) months after the ECP is identified, the contractor shall submit an invoice to WAWF for completion of CLIN 0010.

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0011 1 Each Upon final approval of CDRLs LN01, which is scheduled to be no later than

20 months after contract award, the contractor shall submit an invoice to

WAWF for completion of CLIN 0011.

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0012 1 Each Upon final approval of CDRLs LP01, which is scheduled to be no later than

16 months after contract award, the contractor shall submit an invoice to

WAWF for completion of CLIN 0012.

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1001 5 Max Production Year One CSS units PN 1678AS100-1 (Oxygen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding production orders, provided that release for production has been authorized.

Delivery Address TBD

2001 20 Max Production Year Two CSS units PN 1678AS100-1 (Oxygen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding orders provided that release for production has been authorized.

Delivery Address TBD

3001 15 Max Production Year Three CSS units PN 1678AS100-1 (Oxygen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding orders provided that release for production has been authorized.

Delivery Address TBD

4001 15 Max Production Year Four CSS units PN 1678AS100-1 (Oxygen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding orders provided that release for production has been authorized.

Delivery Address TBD

4002 10 Max Production Year Four CSS units PN 1678AS100-2 (Nitrogen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding orders provided that release for production has been authorized.

Delivery Address TBD

5001 5 Max Production Year Five CSS units PN 1678AS100-1 (Oxygen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding orders provided that release for production has been authorized.

Delivery Address TBD

5002 25 Max Production Year Five CSS units PN 1678AS100-2 (Nitrogen), if ordered, shall be delivered at a rate of 1 unit per 45 days commencing immediately after delivery of preceding orders provided that release for production has been authorized.

Delivery Address TBD

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 9 mths. ADC 1 NAVAL AIR WARFARE CENTER

AIRCRAFT DIV

DANA KAMINSKY

SE STAGING FACILITY HANGAR 6 BLDG

HWY 547, JOINT BASE MDL

LAKEHURST NJ 08733

732-323-7193

N68335

0002 12 mths. ADC 1 CRYOGENICS

JEFF GLINES

BUILDING 342 CRYOGENICS ROUTE 547

JBMDL NJ 08733

732-323-7373

0003 11 mths. ADC 1 NAVAL AIR WARFARE CENTER

DANA KAMINSKY

SE STAGING FACILITY HANGAR 6 BLDG

HWY 547, JOINT BASE MDL

LAKEHURST NJ 08733

732-323-7193

0004 15 mths. ADC 1 CRYOGENICS

BUILDING 342 CRYOGENICS ROUTE 547

JBMDL NJ 08733

732-323-7373

0005 19 mths. ADC NAVAL AIR WARFARE CENTER

DANA KAMINSKY

SE STAGING FACILITY HANGAR 6 BLDG

HWY 547, JOINT BASE MDL

LAKEHURST NJ 08733

732-323-7193

0006 12 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 2 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0008 16 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0009 4 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0010 2 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0011 20 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0012 16 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

1001 45 dys. AOE 5 CRYOGENICS

BUILDING 342 CRYOGENICS ROUTE 547

JBMDL NJ 08733

732-323-7373

2001 45 dys. AOE 20 (SAME AS PREVIOUS LOCATION)

3001 45 dys. AOE 15 (SAME AS PREVIOUS LOCATION)

4001 45 dys. AOE 15 (SAME AS PREVIOUS LOCATION)

4002 45 dys. AOE 10 (SAME AS PREVIOUS LOCATION)

5001 45 dys. AOE 5 (SAME AS PREVIOUS LOCATION)

5002 45 dys. AOE 25 (SAME AS PREVIOUS LOCATION)

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-29 F.O.B. Origin FEB 2006

52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006

52.247-34 F.O.B. Destination NOV 1991

52.247-38 F.o.b. Inland Carrier, Point of Exportation FEB 2006

5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999)

As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is [2 CSS pre-production units and supporting CLINs, (0001,0003,0005-0012)]; the maximum quantity is

102 CSS units, (100 production units and 2 pre-production units).

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data

Requirements List, DD Form 1423, Exhibits listed in Section J, attached hereto, and the following:

(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13

(date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the

DD Form 1423.

(1) PCO, Code [2.5.2.1.2].

(2) ACO, Code [TBD].

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements

(i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Mailing Addresses: [As listed in each CDRL in Section J]

Section G - Contract Administration Data

FINANCING INSTRUCTIONS

Progress Payments are applicable

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

5252.201-9500 TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)

(a) The Technical Point of Contact (TPOC) for this contract is:

Dana Kaminsky, Code 1.3.1.8

Phone: (732) 323-7193

Email: dana.kaminsky@navy.mil

(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order

COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order.

Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).

(c) The contractor may use this technical POC for technical questions related to the existing contract or order.

Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System

(CPARS), clarification of technical requirements, and statement of work inquires.

(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.

5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)

(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 $1,000 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 mailto:dana.kaminsky@navy.mil 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 might 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.

5252.232-9522 TRANSPORTATION ACCOUNT CODES (NAVAIR) (OCT 2005)

(a) The contractor is responsible for placing the Government assigned Transportation Account Code (TAC) on shipping documentation to enable payment of transportation bills by the U.S. Government under contracts with

F.O.B. origin terms.

(b) The applicable TAC for this contract is as follows: [To Be provided in each applicable delivery order] will require use of military airlift, complete an Advance Transportation Control and Movement Document (ATCMD, DD Form 1384) and provide it to the cognizant Air Clearance Authority. Include the contract number and applicable

TAC on the ATCMD. Also, ensure the ATCMD contains information for special requirements such as:

(1) Shipments to be accompanied by couriers or monitors;

(2) Shipments requiring special handling such as environmental control, hand-to-hand receipt, hazardous/dangerous cargo, short shelf life material, sensitive shipments and classified cargo;

(3) Shipments requiring expediting action or those that must move on a specific flight.

(d) The cognizant DCMA office may be contacted for additional information or assistance on preparation of shipping documents or other transportation concerns.

5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)

(a) Contract Administration Office.

(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the

ADMINISTERED BY Block on the face page of the contract, modification, or order.

(b) Special Instructions (see FAR 42.202(b) and (c)):

(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):

Functions Retained Retained for Performance By:

None N/A

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

Additional Functions Retained for Performance By:

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness

Suite: https://wawf.eb.mil.

G-TXT-PAY PAYMENT INSTRUCTIONS (APR 2018)

For Government Use Only

Contract/Order

Payment Clause

Type of

Payment

Request Supply Service Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and

Conditions—

Commercial Items

52.216-7, Allowable

Cost and Payment

52.232-7, Payments under Time-and-

Materials and Labor-

Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy

Shipbuilding

Invoice (Fixed

Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one

ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments under Fixed-Price

Research and

Development

Contracts;

52.232-3, Payments under Personal

Services Contracts;

52.232-4, Payments under Transportation

Contracts and

Transportation-Related

Services Contracts; and

52.232-6, Payments under Communication

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

Service Contracts with

Common Carriers

52.232-5, Payments

Under Fixed-Price

Construction Contracts

Construction

Payment

Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one

ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress

Payments

Progress

Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress

Payments are considered contract level financing, and the

“contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for

Financing of Purchases of Commercial Items;

52.232-30, Installment

Payments for

Commercial Items

Commercial

Item

Financing*

X X N/A Specified in approved payment.

The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR

32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance-Based

Payments

Performance-

Based

Payments*

X X N/A Specified in approved payment.

The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR

32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for

Foreign Military Sales

Acquisitions

Progress

Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative

Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

Section H - Special Contract Requirements

5252.211- 9510 CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)

(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:

(1) Not by word or deed give the impression or appearance of being a Government employee;

(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in

Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;

(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;

(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and

(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.

(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.

(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.

5252.216-9512 PAPERLESS CONTRACTING (NAVAIR)(JUN 2009)

(a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce

(including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern.

(b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods.

5252.223-9501 MATERIAL SAFETY DATA SHEET (MSDS)(NAVAIR) (APR 2009)

(a) The contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under

FAR Clause 52.223-3, "Hazardous Material Identification and Material Safety Data", to Mar-navyhmirs@med.navy.mil and the Naval Inventory Control Point (NICP) at wraps.prime.fct@navy.mil.

(b) One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.

5252.227-9511 DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION

(NAVAIR)(FEB 2009)

(a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance.

(b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above.

(c) Since the ISC is neither an employee nor an agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government.

(d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor.

(e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any

ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer.

5252.243-9505 ENGINEERING CHANGES (NAVAIR)(OCT 2005)

(a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract.

These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the

Government will be processed as modifications to the contract.

(b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal:

(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each.

(2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change.

(3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal.

(4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as

Government-furnished property costs, costs of related items, and costs of maintenance and operation.

(5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified.

(c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The

Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the "Disputes" clause of the contract.

(d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract.

(e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the "Changes" clause.

(f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.210-1 Market Research APR 2011

52.211-5 Material Requirements AUG 2000

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (Deviation 2018-

O0015)

JUL 2018

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications

(Deviation 2018-O0015)

JUL 2018

52.215-14 Integrity of Unit Prices OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.215-23 Limitations on Pass-Through Charges OCT 2009

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-9 Alt II Small Business Subcontracting Plan (AUG 2018) Alternate II NOV 2016

52.219-13 Notice of Set-Aside of Orders NOV 2011

52.219-14 Limitations On Subcontracting JAN 2017

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-16 Alt I Progress Payments (Apr 2012) - Alternate I MAR 2000

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.239-1 Privacy or Security Safeguards AUG 1996

52.242-3 Penalties for Unallowable Costs MAY 2014

52.242-5 Payments to Small Business Subcontractors JAN 2017

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.244-5 Competition In Subcontracting DEC 1996

52.244-6 Subcontracts for Commercial Items JUL 2018

52.246-23 Limitation Of Liability FEB 1997

52.246-24 Limitation Of Liability--High-Value Items FEB 1997

52.248-1 Value Engineering OCT 2010

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7004 Display of Hotline Posters OCT 2016

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The…