RFQN0017423Q0037 M1 0039.pdf

NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

TEL: 301-744-4221 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

N0017423Q0037 16-Mar-2023 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

NSWC IHD C02

4081 N. JACKSON RD

BLDG 841

INDIAN HEAD MD 20640-5116

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

27-Mar-2023(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

2404621127LATRICE T WHITFIELD

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Each 1660AS208 Rev E (SLUG)(FAT)

FFP

FOB: Destination

VENDOR PART NR: FAT

PSC CD: 5342

NET AMT

0002 225 Each 1660AS208 Rev E

FFP

FOB: Destination VENDOR PART NR: 1660AS208 Rev E

0003 5 Each 1660AS407 Rev E Shorting Plug(FAT)

FFP

FOB: Destination

VENDOR PART NR: FAT

0004 245 Each 1660AS407 Rev E

FFP

FOB: Destination VENDOR PART NR: 1660AS407 Rev E

0005 1 Data

Records

CDRL A001

FFP

Test/Inspection Report/DI-NDTI-80809

BLK 4: Contractor format acceptable.

BLK 9: DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD contractors only (Administrative or Operational Use. To protect technical or operational data or information from automatic dissemination under the international exchange program or by other means. This protection covers publications required solely for official use or strictly for administrative or operational purposes. This statement may be applied to manuals, pamphlets, technical orders, technical reports, and other publications containing valuable technical or operational data.) (10/7/2020). Other requests shall be referred to Commanding Officer or Technical Director, NSWC Indian Head Division.

BLK 12: Final Dimensional Inspection Report is due simultaneous with delivery of production units. Government has 15 working days from receipt of draft to review and comment. The Contractor has 10 working days from receipt of Government comments to submit revisions. If the Government does not submit revision request within 15 working days, draft submittal is approved.

BLK 14: Submit via e-mail in Microsoft Office or PDF format to the e-mail recipients listed below.

DISTRIBUTION ADDRESSEE -

Rockets/CAD/PAD Manufacturing Division

NSWC IHEODTD

Attn: Luccien Fitzpatrick, Code M13LDF 4341 Carpenter Road Building 1685 Indian Head, MD 20640-5088

Luccien Fitzpatrick luccien.d.fitzpatrick.civ@us.navy.mil FOB: Destination

VENDOR PART NR: CDRL A001

0006 1 Data

CDRL A002

Certificate of Compliance/DI-QCIC-81356 BLK 4: Contractor format acceptable.

BLK 9: DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD contractors only (Administrative or Operational Use. To protect technical or operational data or information from automatic dissemination under the international exchange program or by other means. This protection covers publications required solely for official use or strictly for administrative or operational purposes. This statement may be applied to manuals, pamphlets, technical orders, technical reports, and other publications containing valuable technical or operational data.) (10/7/2020). Other requests shall be referred to Commanding Officer or Technical Director, NSWC Indian Head Division.

BLK 12: Final Dimensional Inspection Report is due simultaneous with delivery of production units. Government has 15 working days from receipt of draft to review and comment. The Contractor has 10 working days from receipt of Government comments to submit revisions. If the Government does not submit revision request within 15 working days, draft submittal is approved.

BLK 14: Submit via e-mail in Microsoft Office or PDF format to the e-mail recipients listed below.

DISTRIBUTION ADDRESSEE -

Rockets/CAD/PAD Manufacturing Division

NSWC IHEODTD

Attn: Luccien Fitzpatrick, Code M13LDF 4341 Carpenter Road Building 1685 Indian Head, MD 20640-5088

Luccien Fitzpatrick luccien.d.fitzpatrick.civ@us.navy.mil FOB: Destination

VENDOR PART NR: CDRL A002

0007 1 Data

CDRL A003

Certification / Data Report/DI-MISC-82386

BLK 4: Contractor format acceptable.

BLK 9: DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD contractors only (Administrative or Operational Use. To protect technical or operational data or information from automatic dissemination under the international exchange program or by other means. This protection covers publications required solely for official use or strictly for administrative or operational purposes. This statement may be applied to manuals, pamphlets, technical orders, technical reports, and other publications containing valuable technical or operational data.) (10/7/2020). Other requests shall be referred to Commanding Officer or Technical Director, NSWC Indian Head Division.

BLK 12: Certificate of Analysis is due simultaneous with delivery of production units. Government has 15 working days from receipt of draft to review and comment. The Contractor has 10 working days from receipt of Government comments to submit revisions. If the Government does not submit revision request within 15 working days, draft submittal is approved.

BLK 14: Submit via e-mail in Microsoft Office or PDF format to the e-mail recipients listed below.

DISTRIBUTION ADDRESSEE -

Rockets/CAD/PAD Manufacturing Division

NSWC IHEODTD

Attn: Luccien Fitzpatrick, Code M13LDF 4341 Carpenter Road Building 1685 Indian Head, MD 20640-5088 Luccien Fitzpatrick luccien.d.fitzpatrick.civ@us.navy.mil FOB: Destination

VENDOR PART NR: CDRL A003

0008 1 Data

CDRL A004

Inspection Test Plan/DI-QCIC-81110

BLK 4: Contractor format acceptable.

BLK 9: DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD contractors only (Administrative or Operational Use. To protect technical or operational data or information from automatic dissemination under the international exchange program or by other means. This protection covers publications required solely for official use or strictly for administrative or operational purposes. This statement may be applied to manuals, pamphlets, technical orders, technical reports, and other publications containing valuable technical or operational data.) (10/7/2020). Other requests shall be referred to Commanding Officer or Technical Director, NSWC Indian Head Division.

BLK 12: Final Dimensional Inspection Report is due simultaneous with delivery of production units. Government has 15 working days from receipt of draft to review and comment. The Contractor has 10 working days from receipt of Government comments to submit revisions. If the Government does not submit revision request within 15 working days, draft submittal is approved.

BLK 14: Submit via e-mail in Microsoft Office or PDF format to the e-mail recipients listed below.

DISTRIBUTION ADDRESSEE -

Rockets/CAD/PAD Manufacturing Division

NSWC IHEODTD

Attn: Luccien Fitzpatrick, Code M13LDF 4341 Carpenter Road Building 1685 Indian Head, MD 20640-5088 Luccien Fitzpatrick luccien.d.fitzpatrick.civ@us.navy.mil

FOB: Destination

VENDOR PART NR: CDRL A004

Section C - Descriptions and Specifications

STATEMENT OF WORK

MANUFACTURING OF HARDWARE USING NSWC IHD DRAWINGS

PERFORMANCE WORK STATEMENT

1.0 Scope of Work

The requirements in this document contain the information necessary to manufacture hardware for assembly in fleet-deliverable Aviation Critical Safety Items (ACSIs) at Naval Surface Warfare Center Indian Head Division (NSWC IHD).

2.0 Applicable Documents

CCU-94 - CDRL_A001_Inspection CCU-94 - CDRL_A002_CoC CCU-94 – CDRL_A003 CoA CCU-94 – CDRL_A004_Test Plan 1660AS208 Rev E – Slug 1660AS208 Rev E Form 16 1660AS208 Form 43 1660AS208 Rev E TDP Form 1660AS407 Rev E – Shorting Plug 1660AS407 Rev E Form 16 1660AS407 Form 43 1660AS407 Rev E TDP Form

ASTM B16/B16M-19

SAE AMS-QQ-N-290 Rev D

ASTM B221/B221M-21

ASTM B211/B211M-19

MIL-DTL-5541 REV F

N0017423Q0037

2.1 General Specifications

American National Standards Institute (ANSI)/American Society for Quality (ASQ) Standards:

ANSI/ASQ Z1.4 Sampling Procedures and Tables for Inspection by Attributes

Code of Federal Regulations (CFR):

22 CFR 121 The United States Munitions List 22 CFR 122 Registration of Manufacturers and Exporters

Department of Defense (DoD) Directives:

5230.25 Withholding of Unclassified Technical Data From Public Disclosure

International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) Standards:

ISO 9001 Quality Management Systems ISO/IEC 17025 General Requirements for the Competence of Testing and Calibration

Laboratories

2.2 Technical Drawings

Department of Defense Drawings:

1660AS208 Rev E Slug 1660AS407 Rev E Shorting Plug

2.3 Conflicting Document Requirements

If there are any conflicts between specifications, drawings, or requirements listed herein, the contractor shall notify the Contracting Officer (KO) and the Technical Point of Contact (TPOC), in writing for interpretation, clarification, and resolution.

3.0 Requirements

3.1 General Manufacturing

The Contractor shall fabricate, inspect, test, and deliver components in accordance with the applicable drawings and specifications. Components shall be packaged by part number and ready for use. The Contractor shall provide, design, and fabricate all necessary tooling to manufacture and dimensionally inspect the components, and provide data as detailed herein.

The Prime Contractor shall bear the ultimate responsibility for all deliveries and performance of all requirements under this contract. The Prime Contractor shall monitor and maintain all subcontractor relationships. At the Government’s sole discretion, the Government may apply quality and/or on-time delivery issues stemming from the work of a subcontractor to the Prime Contractor’s quality performance metrics.

3.2 Test and Inspection

The Contractor shall maintain and control processes to inspect and test components as described in this PWS. These processes should cover all phases from the ordering of the material to the Government acceptance of the finished product.

3.2.1 First Article Testing

The Contractor shall submit First Article Test (FAT) samples to the Government if the Contractor has not provided contract deliverables for the same drawing numbers within the last 3 years.

The Contractor shall submit an Inspection Test Plan in accordance with DI-QCIC-81110 per CDRL A004 to the Government for review and approval prior to first article manufacture and delivery. The Contractor shall submit a first article sample of 5EA complete units prior to the first delivery of any production hardware. The first article units shall be fully representative of those proposed for production, and demonstrate the adequacy and suitability of the Contractor's processes and procedures in complying with the requirements set forth by the drawings and specifications.

Any production by the Contractor before formal acceptance of the first article sample shall be at the Contractor’s cost risk.

3.2.2 Dimensional Inspection

The Contractor is responsible for performing in-house inspections to ensure each first article or production component and dimension conforms 100% to the contract, PWS, and product dimensional requirements. The Contractor shall provide copies of in-process dimensional data and/or proof of inspections, such as floor shop travelers or final QA inspections, as requested by the Government.

The Contractor shall submit a Final Dimensional Inspection Report in accordance with DI- NDTI-80809 per CDRL A001 for each deliverable line item. The final dimensional inspection report shall include either a list of all drawing dimensions and tolerances, and their actual measured values, or a marked-up copy of the drawing with actual measured values written in red next to the corresponding dimension.

3.2.3 Product Certification

The Contractor shall submit a certificate of compliance in accordance with DI-QCIC-81356 per CDRL A002 to accompany the shipment of each first article and/or production lot, as required by Table 3. The certificate shall state compliance of the material with its respective drawing or specification, and contract/order requirements. The certificate shall as a minimum state the company name, contract/order number, drawing or specification number, and date.

The Contractor shall submit a certificate of analysis/test in accordance with DI-QCIC-82386, showing the first article and/or production material has been sampled and/or tested and found to be within the minimum requirements of the specification/drawing/contract, as required by Table

1. The certificate shall be forwarded to the Government; one (1) copy to accompany the shipment (in the packing list envelope), and one (1) copy mailed to arrive at time of receipt of the shipment (mark the certificate to the attention of the designated POC above). Each certificate must be traceable to the material covered by the certificate. The certificate shall state, above the signature of a legally authorized representative of the company the following:

Both Certificates of Analysis and Compliance shall state, above the signature of a legally authorized representative of the company, the following:

“This certification concerns a matter within the jurisdiction of an agency of the United States and making a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code 1001.”

Test Requirement

Certificate Dwg Location

Material 1660AS208 REV E DWG Note #2 (M101) Analysis Plating 1660AS208 REV E DWG Note #4 Compliance Material 1660AS407 REV E DWG Note #2 Analysis Plating 1660AS407 REV E DWG Note #4 Compliance

Table 1: Certification Requirements

3.3 Quality Control

3.3.1 Quality System and Quality Control Processes

The Contractor shall maintain a quality system which adheres, at minimum, to the requirements of ISO 9001:2015 standards.

The Contractor quality management system shall ensure products are in compliance with the applicable drawings, specifications, and contract. The quality management system shall outline processes to identify, record, and disposition nonconforming material or other characteristic discrepancies for the entire duration of this contract. Procedures, planning, and all other relevant documentation and data which comprise the quality management system, if requested, shall be made available to the Government for review.

3.3.2 Calibration of Measuring and Testing Equipment

Measuring and testing equipment used by the contractor shall, at a minimum, adhere to the requirements of ISO/IEC 17025:2017.

3.3.3 Acceptance of Product

Final acceptance of first article samples and production deliverables will be determined by Government dimensional inspection and certification verification at Government destination for each deliverable line item. The Government shall complete sample testing within 60 days of receipt of all documentation and deliverables relevant to the relevant line item. Unless otherwise stated, the Government sampling plan shall be in accordance with Table 2. The Government reserves the right to perform additional inspection and testing of hardware to verify acceptability.

This may include testing at other facilities.

ASQ Z1.4 [ANSI/ASQ Z1.4-2003 (R2013) – October 2013]:

Critical: 100% Major: Level II Minor: Level I

Table 2: ACSI Sampling Plan

3.3.4 Government-Identified Nonconformity Reporting Procedures The Government shall alert the Contractor to any nonconforming deliverables within one (1) working day of identifying the nonconformity. The Contractor shall respond with their recommended disposition on the deliverables within one (1) working day.

3.4 Export Control

The Contractor shall comply with either one, or both, of the export control options below.

3.4.1 International Trafficking in Arms Regulations (ITAR) Compliance The Contractor shall maintain ITAR compliance through registration in accordance with 22 CFR 122 to export Category III and IV munitions components, as defined by 22 CFR 121.

3.4.2 Joint Certification Program (JCP) Registration

The Contractor shall maintain JCP registration and a DD Form 2345 to comply with DoD Directive 5230.25.

3.5 Preservation

The Contractor shall be responsible for packing and packaging of deliverables to prevent any potential damage during transport. The Contractor shall label completed parts packaging to include component name, quantity, contract number, drawing number, revision, and manufacturer name and date. Packaging quantities and methods shall be in accordance with applicable Form 43.

4.0 Deliverables

The Technical Point of Contact and Contracting Officer (KO) for this contract will approve all deliverables as specified. The following Certificates shall include the signature of the Contractor’s representative authorized to make such certification.

CDRL Spec Section Title A001 DI-NDTI-80809 3.2.2 Final Dimensional Inspection Report A002 DI-QCIC-81356 3.2.3 Certificate of Compliance A003 DI-QCIC-82386 3.2.3 Certificate of Analysis A004 DI-QCIC-81110 3.2.1 Inspection Test Plan

4.1 Hardware Delivery

The Contractor shall notify the Contracting Officer 30 days in advance if the Contractor cannot meet the contract delivery schedule.

The Contractor shall be responsible for coordinating and shipping all the units below to the required destination.

Item Year Drawing Rev Nomenclature Qty UOI 1 Base 1660AS208 E Slug (FAT) 5 EA 2 Base 1660AS208 E Slug 245 EA 3 Base 1660AS406 E Shorting Plug (FAT) 5 EA 4 Base 1660AS406 E Shorting Plug 225 EA

Delivery address provided below:

Naval Surface Warfare Center Indian Head Division ATTN: Luccien Fitzpatrick/Abigail Rosado-Mendez 4522 McMahon Road Bldg. 116, Suite 100 Indian Head, MD 20640

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 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ADC 5 NSWC IHD

RECEIVING

4522 MCMAHAN ROAD B116

INDIAN HEAD MD 20640-5125

301-744-4221

N00174

0002 60 dys. ADC 225 (SAME AS PREVIOUS LOCATION)

0003 60 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0004 60 dys. ADC 245 (SAME AS PREVIOUS LOCATION)

0005 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0008 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021 52.204-3 Taxpayer Identification OCT 1998 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.211-17 Delivery of Excess Quantities SEP 1989 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-9 Small Business Subcontracting Plan OCT 2022 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

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 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-4 Changes JUN 2007 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.219-7011 Notification to Delay Performance JUN 1998 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(Contracting Officer shall insert details)

(a) The Contractor shall deliver 5 each of Lot/Item 1660AS208 Rev E Slug/1660AS407 Rev E Shorting Plug within 60 calendar days from the date of this contract to the Government at Building 116 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 60 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES) (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEC 2022).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) (A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302-5(d)(4).])

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ NMCARS: http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2022)

(a) Definitions. As used in this provision--

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).