ITEM NO - Office of the Under Secretary of Defense for ...12_Nov_2012).docx · Web viewItem 0001 - The Contractor shall design, fabricate, integrate, test and deliver Operational

Contract Sections B-M12 Nov 2012

CONTRACT SECTIONS B-M

DISTRIBUTION STATEMENT A. Approved for public release; distribution is unlimited

CONTRACT NUMBER: 12 Nov 2012

SECTION B Supplies or Services and Prices

SECTION B - SUPPLIES OR SERVICES AND PRICES

ITEM NO SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 TBD SetPilot Production Operational Test Program SetsFFP – Design, Fabricate, Integrate, Manufacture, Test and Deliver Pilot Production Operational Test Program Sets (OTPSs) IAW the State of Work and OTPS specification

________________NET AMT



0002 1.0 LotData for Item 0001FFP – (See Exhibit A)

________________NET AMT NSP



0003 1.0 LotPilot Production Acceptance Test (PPAT) for Item 0001FFP - (Contractor Testing)

________________NET AMT



0004 1.0 LotPilot Production Approval Test ReportFFP – Pilot Production Approval Test Report for CLIN 0003 (See Exhibit B)

________________NET AMT NSP



0005 1.0 LotAdministrative and Financial Data for Item 0001FFP – (See Exhibit C)

________________

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NET AMT



0006 1.0 LotILS Data for Item 0001FFP – (See Exhibit D)

________________NET AMT



0007 1.0 LotTechnical Manuals for Item 0001FFP – (See Exhibit E)

________________NET AMT



0008 1.0 LotOPSEC Plan for Item 0001FFP – (See Exhibit F)

________________NET AMT



0009Interim SparesFFP – Interim Repairable Assemblies and Repair Parts for Item 0001.(SEE NOTE 2) Quantity and Pricing to be determined. This CLIN is “To Be Determined” and will be negotiated upon final acceptance of the Critical Design Review.

________________NET AMT



0010

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Data for Item 0009FFP – (See Exhibit “XX”) (NOTE 2) Quantity and Pricing to be determined. This CLIN is “To Be Determined” and will be negotiated upon final acceptance of the Critical Design Review.

________________NET AMT NSP



0011Spares AcquisitionFFP – Spares Acquisition Integrated with Production (SAIP) Spare and Repair Parts for Item 0001. (SEE NOTE 2) Quantity and Pricing to be determined. This CLIN is to “To Be Determined” and will be negotiated upon final acceptance of the Critical Design Review.

________________NET AMT



0012Data for Item 0011FFP – (See Exhibit “XX”) (NOTE 2) Quantity and Pricing to be determined. This CLIN is “To Be Determined” and will be negotiated upon final acceptance of the Critical Design Review.

________________NET AMT NSP



0013Repairable SparesFFP – Repairable Spare Assemblies and Repair Parts for Item 0001. (SEE NOTE 2) Quantity and Pricing to be determined. This CLIN is “To Be Determined” and will be negotiated upon final acceptance of the Critical Design Review.

________________NET AMT



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0014Data for Item 0013FFP – (See Exhibit “XX”) (NOTE 2) Quantity and Pricing to be determined. This CLIN is “To Be Determined” and will be negotiated upon final acceptance of the Critical Design Review.

________________NET AMT NSP



0015Software tools developed for Item 0001

________________NET AMT NSP



0016Commercial Software ProductsFFP – (See Exhibit “XX”) (NOTE 2) Quantity and Pricing to be determined. This CLIN is “To Be Determined” and will be negotiated.

________________NET AMT

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OPTION ITEMS



0101 TBD SetOPTION – Production OTPSsFFP – Fabricate, Integrate, Test and Deliver Production OTPSs IAW Statement of Work and Specification. Option will be exercised at time of award. NOTE: BEFORE WRITTEN RELEASE FOR PRODUCTION IS RECEIVED IN WRITING FROM THE CONTRACTING OFFICER, THE ACQUISITION OF MATERIALS OR COMPONENTS FOR, OR THE COMMENCEMENT OF PRODUCTION OF, THIS CLIN IS AT THE SOLE RISK OF THE CONTRACTOR. SEE FAR CLAUSE 52.209-3 (g).

________________NET AMT



0102 TBD LotOption – Data for Item 0101FFP – (See Exhibit AA)

________________NET AMT



0103Option – OTPS Fleet Introduction for Item 0101FFP



0103AA 1 EachOption – East Coast OTPS Fleet Introduction for Item 0103FFP

________________NET AMT



0103AB 1 Each

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Option – East Coast OTPS Fleet Introduction for Item 0103FFP

________________NET AMT



0103AC 1 EachOption – West Coast OTPS Fleet Introduction West for Item 0103FFP

________________NET AMT



0103AD 1 EachOption – West Coast OTPS Fleet Introduction for Item 0103FFP

________________NET AMT



0104 TBD LotOption – Data for Item 0103FFP – (See Exhibit AB)

________________NET AMT



0105Option – Engineering/Technical ServicesFFP – Engineering/Technical Services, Parts and Material and Travel/Per Diem in Support of Items 0001 and 0101.

________________NET AMT



0105AA 5,000 Hours

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Option – Engineering/Technical ServicesT&M – NTE 5,000 hours. The contractor will provide one hourly rate for all labor categories. The rate should be based on the average of all labor categories proposed.

TOT ESTIMATED PRICE ________________

CEILING PRICE ________________



0105AB 5,000 HoursOption – Data for Item 0105AAT&M – (See Exhibit AC)





0105AC 1.00 Lot $20,000.00Option – Parts and Material for Item 0105AAFFP – For evaluation purposes every offeror will be evaluated at $20,000.00

_________________NET AMT



0105AD 5,000 HoursOption – Travel/Per Diem for Item 0105AAT&M – For evaluation purposes every offeror will be evaluated at $10,000.00



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NOTE (1): IF ANY PARTICULAR ITEM IS TO BE PERFORMED AT NO COST TO THE GOVERNMENT, THE ENTRY “AT NO COST” SHALL BE PLACED IN THE UNIT PRICE AND TOTAL PRICE COLUMNS.

NOTE (2): QUANTITIES AND PRICING FOR CLINS 0009-0016 HAVE NO SPECIFIC QUANTITIES STATED (SUCH AS LINE ITEMS FOR TESTS/OTHER SERVICES OR DATA LINE ITEMS WHICH REFERENCE EXHIBITS, ETC.). THESE CLINS ARE “TO BE DETERMINED" AND WILL BE NEGOTIATED AT A DATE BETWEEN CRITICAL DESIGN REVIEW AND FINAL ACCEPTANCE.

NOTE (3): “NSP” IS “NOT SEPARATELY PRICED”.

NOTE (4): THE GOVERNMENT WILL NOT ACCEPT PROPOSALS FOR QUANTITIES OTHER THAN THOSE SHOWN IN THE SCHEDULE.

NOTE (5): “LO” = “LOT”.

NOTE (6): “NTE” = “NOT TO EXCEED”.

NOTE (7): NO FACSIMILE OR EMAIL RESPONSES TO THE SOLICIATION WILL BE ACCEPTED. ALL OFFERS MUST BE SUBMITTER IN WRITING BEFORE THE CLOSING OF THE SOLICIATION.

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SECTION C Descriptions and Specifications

SECTION C - DESCRIPTIONS AND SPECIFICATIONS (STATEMENT OF WORK)

Item 0001 - The Contractor shall design, fabricate, integrate, test and deliver Operational Test Program Sets (OTPS) for Units Under Test (UUTs) listed in Attachment 1A. The Contractor shall deliver the Pilot Production OTPSs (Initial Production Units) in accordance with the requirements of Attachment 1 Statement of Work (SOW), MIL-PER-32070 Performance Specification for Test Program Sets, Attachment 2 Supplement to MIL-PRF-32070 and Attachment 3 General Acceptance Test Procedure (GATP).

All ancillary and augmentation equipment such as, power supplies, dummy loads, adapters, cables, extender cards, shorting plugs, test equipment, and testing/mounting/holding fixtures, required to operate and maintain the individual OTPS shall be furnished as part of each individual OTPS (excluding general purpose multimeters, scopes, etc.).

The Contractor shall furnish the following items with each individual OTPS delivered under this Item:

(a) two (2) optical disks (Operational Test Program Medium), with each optical disk containing the Operational Test Program (OTP)

(b) two (2) copies of the Operational Test Program Instruction (OTPI) on CD-ROM disks;

(c) two (2) copies of the technical manuals on CD-ROM disks;

Items 0002, 0004, 0005, 0006, 0007, 0008 and Option Items 0102, 0104, and 0105AB - The technical data and other data called for hereunder shall furnished in accordance with Exhibit A (Item 0002), Exhibit B (Item 0004), Exhibit C (Item 0005), Exhibit D (Item 0006), Exhibit E (Item 0007), Exhibit F (Item 0008), Exhibit AA (Option item 0102), Exhibit AB (Option item 0104), and Exhibit AC (Option Item 0105AB), Contractor Data Requirements List, DD Form 1423.

The Contractor shall maintain quality assurance procedures with relation to drawings, documentation, and changes. Prior to delivery of technical data to be furnished hereunder, the Contractor shall:

(a) validate each drawing and other design disclosure document against the item it depicts

(b) certify that each drawing and other design disclosure document accurately and completely represents and describes the related item, equipment, part, or assembly

(c) certify that such related item has been manufactured and supplied in accordance with such drawings or other design disclosure document

(d) certify that all technical data furnished conforms to the applicable requirements of the contract

The required technical data to be furnished under this contract shall be subject to in-process and final review in accordance with contract requirements.

Item 0003 – Pilot Production Test (Contractor Testing) shall be conducted on in accordance with the requirements of Attachment 1 Statement of Work (SOW), MIL-PER-32070 Performance Specification for Test Program Sets, Attachment 2 Addendum to MIL-PRF-32070, Attachment 3 General Acceptance Test Procedure (GATP), and the H-clause entitled "Pilot Production Approval - Contractor Testing."

Items 0009, 0011, and 0013 - The supplies or services to be furnished under the items identified will be ordered in contract modifications issued in accordance with Section H contract requirements entitled "Ordering--Provisioned Items."

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Items 0010, 0012, and 0014 - The technical data and other data ordered hereunder by the Government pursuant to the Section H, "Ordering Provisioned Items" clause and the applicable Exhibit (Contract Data Requirements List, DD Form 1423) as identified by the applicable Exhibit Identifier in Section B, "Supplies or Services and Prices", shall be ordered in contract modifications issued in accordance with the Section H, Ordering--Provisioned Items" clause.

Item 0015 - The contractor shall deliver all software tools that were wholly or partially developed or enhanced under this contract used to develop a TPS.

Item 0016 - Commercial software products to be furnished under the items identified will be ordered in contract modifications issued in accordance with Section H contract requirements entitled "Ordering--Provisioned Items."

Item 0101 - The Contractor shall fabricate, integrate, test, and deliver the Production OTPSs for UUTs listed in Attachment 1A. The OTPS to be furnished shall be in accordance with of Attachment 1 Statement of Work (SOW), MIL-PER-32070 Performance Specification for Test Program Sets, Attachment 2 supplement to MIL-PRF-32070, and Attachment 3 General Acceptance Test Procedure (GATP).

All ancillary and augmentation equipment such as, power supplies, dummy loads, adapters, cables, extender cards, shorting plugs, test equipment, and testing/mounting/holding fixtures required to operate and maintain the individual OTPS shall be furnished as part of each OTPS (excluding general purpose multimeters, scopes, etc.).

The Contractor shall furnish the following with each individual OTPS delivered under this item:

(a) two (2) optical disks (Operational Test Program Medium), with each optical disk containing the Operational Test Program (OTP);

(b) two (2) copies of the Operational Test Program Instruction (OTPI) on CD-ROM disk;

(c) two (2) copies of the technical manuals on CD-ROM disks;

Item 0103 - OTPS Fleet Introduction shall be performed in accordance with requirements of Attachment 1 (SOW) and Attachment 3, (GATP).

Items 0103AA/AB/AC/AD – The contractor shall furnish the price for supporting each Site standup.

Item 0105 - When authorized by the Contracting Officers Representative (COR) and in support of the contract, the Contractor shall provide engineering and technical services to:

(a) implement workaround procedures of system problems that result from anomalies in the Consolidated Automated Support System (CASS) in accordance with guidelines set forth in Attachment 1.

(b) review Government approved documents (i.e., CASS hardware/software engineering changes, OTPI changes, TMCR changes) and;

1. Provide an impact statement2. Provide a report detailing what would be required to implement changes to the test programs and all

related documentation3. Implement the changes, if authorized by the COR

(c) make repairs to the UUTs determined by the Government to be necessary while the UUTs are in the custody of the Government during Government Testing.

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Other engineering/technical services, as identified which the Contracting Officer determines are not included in other contract line items, and which the Contracting Officer determines are required in support of the TPS development effort covered by this contract, will be covered under these items. The Contracting Officer will issue a unilateral contract modification to include these engineering/technical services.

Item 0105AA - The "Quantity" column of schedule B lists the total number of man-hours the Government has allotted for Contractor implementation of engineering/technical services occurring from contract award to the completion of Government Testing. The "Unit Price" column shall contain the Contractor's hourly rate for services performed. The "Total Price" column shall contain the government’s total allotted man-hours (5,000) times the Contractor's hourly rate.

Items 0105AC and 0105AD - The parts, material, and travel/per diem shall be furnished as required in support of Item 0105. Any parts, material, and/or travel required in support of Item 0104 must be authorized in advance by the COR and the Contracting Officer.

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SECTION D Packaging and Marking

SECTION D - PACKAGING AND MARKING

Items 0001 and Option Item 0101 –

U.S. Navy sites, including any copies to the U.S. Marine Corp.

All supplies delivered, except accessories to be furnished hereunder, shall be preserved, packaged, and packed in accordance with ASTM D 3951-95, Standard Practice for Commercial Packaging. All parts and assemblies, which require special care during packing, handling, or shipping shall be identified and marked appropriately. The exterior of the package or shipping containers shall be marked with at least the following information in such a manner that the markings will not be rendered illegible when opened:

NomenclaturePart NumberContract NumberAssembly Date

U.S. Marine Corp Sites Only.

All supplies delivered, except accessories to be furnished hereunder, shall be packed in Storage Cases equivalent to drawings 3983AS1090-1/ -2. All parts and assemblies, which require special care during packing, handling, or shipping shall be identified and marked appropriately. The exterior of the package or shipping containers shall be marked with at least the following information in such a manner that the markings will not be rendered illegible when opened:

NomenclaturePart NumberContract NumberAssembly Date

In addition to the above packaging and marking for shipping, the following is required:

All cable sets shall be stored in circular, padded, zippered cable bags for each OTPS. The cable set bags shall be clearly identified.

Small OTPH Accessories (e.g. BNC connectors, SMA connectors) shall be packaged in clear storage case (e.g. tackle box). Identify the OTPH nomenclature on the exterior of the case (e.g. Part of Accessory Set, MX-12014/USM-636(V). Display the physical location of the parts by photograph/graphics, quantity and nomenclature on the inside lid of the case. See example below.

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Items 0002, 0004, 0005, 0006, 0007, 0008, and Option Items 0102, 0104, and 0105AB - The technical data and other data called for hereunder shall furnished in accordance with Exhibit A (Item 0002), Exhibit B (Item 0004), Exhibit C (Item 0005), Exhibit D (Item 0006), Exhibit E (Item 0007), Exhibit F (Item 0008), Exhibit AA (Option item 0102), Exhibit AB (Option item 0104), and Exhibit AC (Option Item 0105AB), Contractor Data Requirements List, DD Form 1423 shall be prepared for shipment in accordance with the Contractor’s commercial practices, which will afford protection from damage during shipment from source to receiving activity. Electronic data submittals shall be appropriately marked.

Items 0003, and Option Items 0101, 0103, 0103AA, 0103AB, 0103AC, 0103AD, 0105, 0105AA, 0105AC, and 0105AD – Packaging and marking requirements do not apply.

Items 0009 through 0014 and 0016 – Packaging and packing, preservation and marking requirements for the supplies, services, and other technical data to be furnished hereunder shall be in accordance with the Section H special contract requirements clause entitled, “Ordering—Provisioning Items.”

Item 0015 - Packaging and marking requirements do not apply.

5252.247-9507 PACKAGING AND MARKING OF REPORTS (SEP 1999)

(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 promptly display on the cover of each report the following information:

(1) Name and business address of contractor(2) Contract Number/Delivery order number(3) Contract/Delivery/Task order dollar amount(4) Whether the contract was competitively or non-competitively awarded(5) Name, code and activity of sponsoring individual

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

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(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 number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or cosigned as follows:

Mark for information will be provided when shipping addresses are provided.

(c) In the event of any discrepancy in material shipped (coverage, 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 that 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 email, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be responsibility of the contractor.

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

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 5520.22M

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SECTION E Inspection and Acceptance

SECTION E - INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

THE CONTRACTING OFFICER WILL COMPLETE THIS SECTION. THE ACQUISITION TEAM LEADER WILL PROVIDE THE INFORMATION TO THE PCO. THE FIRST TWO LINES ARE PROVIDED AS EXAMPLES.

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 IAW FAR 52.209-3 Government Origin Government 0002 Destination Government Destination Government00030004000500060007000800090010001100120013001400150016010101020103AA0103AB0103AC0103AD010401050105AA0105AB0105AC0105AD

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies__ Fixed Price AUG 199652.246-5 Inspection Of Services Cost-Reimbursement APR 198452.246-16 Responsibility For Supplies APR 1984

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INSPECTION AND ACCEPTANCE

Items 0001, 0003, and 0101 – Inspection and acceptance of the supplies, Pilot Production Units, and Production OTPSs to be furnished hereunder will be performed by appropriate government representatives at the Contractor’s facility located at [ City ], [State] or at a designated government facility.

The government acceptance personnel will be identified at contract award and will be responsible for inspection and acceptance of all hardware and software.

Pilot Production Inspection and Acceptance and signing of DD-250 for the Pilot Production OTPS shall be performed at the site where Pilot Production acceptance is being conducted and shall be made after the following:

a. Successful completion of Pilot Production Acceptance Test (PPAT) in accordance with Attachment 3, GATP

b. Successful completion of Navy performed Government Testing which includes:

1. Resolution of Part I Rapid Action Deficiency Reports (RADRs)2. Resolution of or an approved plan for Part II RADRs

Production Articles. Inspection and acceptance of the supplies or services to be furnished for Production units shall be performed at the site where Production acceptance is being conducted and shall be made after the successful completion of the production verification in accordance with Attachment 3, GATP.

Items 0002, 0004, 0005, 0006, 0007, 0008, and Option Items 0102, 0104, and 0105AB – Inspection and acceptance of the technical and administrative/financial data to be furnished hereunder will be made in accordance with Exhibit A (Item 0002), Exhibit B (Item 0004), Exhibit C (Item 0005), Exhibit D (Item 0006), Exhibit E (Item 0007), Exhibit F (Item 0008), Exhibit AA (Option item 0102), Exhibit AB (Option item 0104), and Exhibit AC (Option Item 0105AB) Contractor Data Requirements List, DD Form 1423.

Option Items 0103 (0103AA/AB/AC,AD) and 0105 (0105AA/AC/AD) – Inspection and acceptance will be performed by the government representative at either the contractor’s or Government’s facility identified above.

Engineering/technical support services, parts/material, and travel/per diem associated with support services will be reviewed and accepted by the Contracting Officer’s Representative (COR).

Items 0009 through 0014 and 0016 – Inspection and acceptance of the supplies or services and technical data to be furnished hereunder will be performed in accordance with the Section H special contract requirements entitled, “Ordering--Provisioned Items”.

Item 0015 – Inspection and acceptance will be performed by the government representative at either the contractor’s or Government’s facility identified above.

CLAUSES INCORPORATED BY FULL TEXT

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL AND INFORMATION

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(FEB 1995) (NAVAIR)

Inspection and acceptance of technical data and information will be perform by the Procuring Contracting Officer (PCO) or duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth on the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Dorm 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to his contract entitled _______________________________________________________________. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.

5252.246-9516 SPECIAL DISTRIBUTION OF DD FORM 250 (JUL 1998)(NAVAIR)

The Material Inspection and Receiving Report (DD Form 250) required to be furnished by the provision of the clause elsewhere herein entitled “Material Inspection and Receiving Report” shall be distributed by the contract in accordance with Tables 1 and 2 of Part 4 of the DoD FAR Supplement Appendix F, “Material Inspection and Receiving Report”. The addresses required for special distribution in accordance with Table 2 and any additional distribution are as follows:

Activity _____________________________________ address _______________________________________

[Will be provided at time of award]

5252.246-9527 INSPECTION AND ACCEPTANCE (ORIGIN) ( MAY 1998) (NAVAIR)

(a) Government inspection and acceptance of the supplies or services to be furnished hereunder shall be performed as specified in Section E, Inspection and Acceptance Terms at the contractor’s or subcontractor’s plant located at [TBD]. The location designated for such inspection and acceptance shall not be changed without prior written authorization of the Contracting Officer. The cognizant accepting authority shall be notified when supplies or services are ready for Government inspection.

(b) Advance notification of the cognizant accepting authority is required at least 5 days prior to conducting contractor inspections and/or testing.

(c) Acceptance of all Contract Line Items/Subcontract Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD Form 250, Material Inspection and Receiving Report. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

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SECTION F Period of Performance

SECTION F - PERIOD of PERFORMANCE

F-1 PERIOD OF PERFORMANCE

The period of performance shall begin at the time of contract award and be completed as specified in the contractor’s prepared Master Schedule.

Performance-Based Milestones shall be measurable and extend to the last Production OTPS delivery. The contractor shall perform the Performance-Based Milestones set forth in the Performance-Based Milestones and Exit Criteria , in accordance with Attachment 1, Statement of Work (SOW) and the Master Schedule .

Successful completion of each Milestone shall be the accomplishment of the following:(1) Submittal of the appropriate content of the contractor’s request for performance based payment and the

contractor’s certification in accordance with FAR Clause 52.232-32 Performance-Based Payments.(2) Successful accomplishment of the exit criteria of the Milestone(3) Successful completion of the work content of each Milestone.


52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT FURNISHED PROPERTY (APR 1984)

F-2 DELIVERY SCHEDULE

Items 0001 and 0101 - The supplies to be furnished hereunder are REQUIRED to be delivered in accordance with the following schedule:

Del 31 28 31 30 31 30 31 31 30 31 30 31Item Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

0001 20XX

0101 20XX

Delivery for item 0001 includes completion of the Pilot Production Acceptance Testing (PPAT) and Government Testing (IAW Attachment 3), prior to Government acceptance via DD-250.

The events schedule for PDR, CDR, INTEGRATION, TRR, PPAT, and Government Testing listed in the Contractor's proposal shall be made part of this contract. This schedule shall be used to measure Contractor's performance.

"TBD" = "TO BE DETERMINED"

NOTE - Offeror may propose an alternate delivery schedule (for earlier delivery only) for production units subject to the following:

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(a) After inspection and acceptance of the units they will be "shipped in place" and stored in the contractor's bonded storage facility until the required delivery date set forth in Section F of the contract. The Government may request delivery of one or more of the stored production units at any time.

(b) The contractor will be responsible for all storage costs, and all costs associated with delivery of these units to the Government when the units are required.

(c) The beginning date for the latent defects period for each production unit will be the date the Government takes delivery of the production unit(s) from storage.

Items 0002, 0004, 0005, 0006, 0007, 0008, and Option Items 0102, 0104, and 0105AB - The technical data and other data called for hereunder shall be furnished in accordance with Exhibit A (Item 0002), Exhibit B (Item 0004), Exhibit C (Item 0005), Exhibit D (Item 0006), Exhibit E (Item 0007), Exhibit F (Item 0008), Exhibit AA (Option Item 0102), Exhibit AB (Option Item 0104), and Exhibit AC (Option Item 0105AB), Contractor Data Requirements List, DD Form 1423.

Item 0003 - The test called for hereunder shall be in performed and completed in accordance with the requirements of the specifications cited in SECTION C hereof entitled, "Description or Specifications or Work Statement".

Items 0009 through 0014 and 0016 - Delivery or performance requirements for the supplies or services, and other technical data to be furnished hereunder will be ordered in accordance with the Section H special contract requirements clause entitled, "Ordering--Provisioned Items.

Item 0015 - The software tools shall be delivered as part of final delivery of Item 0001.

Option Items 0103 (AA/AB/AC/AD), and 0105 (0105AA/AC/AD) - The supplies and services furnished hereunder shall be in accordance with the requirements of the specifications cited in Section C hereof entitled, "Description or Specifications or Work Statement".

Except as otherwise specified in any order, the supplies to be furnished by the Contractor shall be delivered f.o.b. carrier's equipment, wharf, or freight station (as specified by the Government), at a city or shipping point at or near the Contractor's plant, [ Location ], (f.o.b. origin). Shipments shall be made on Government bills of lading unless otherwise directed by the cognizant contract administration office when the supplies are ready for shipment. Shipments shall be made in carload or truckload lots when the quantity to be delivered to any one destination (or to one or more points directly in route between the Contractor's shipping point and the last destination) in any delivery period set forth in any order is sufficient to constitute a carload or truckload lot unless otherwise directed in writing by the cognizant contract administration office. The Contractor shall not make any shipments without authorization from the cognizant contract administration office.

Foreign Military Sales (FMS) Items, if any, identified in any order shall be shipped on a separate bill of lading and Interstate Commerce Act Section 10721 rates will not apply. F-3 PERFORMANCE-BASED MILESTONES

Performance-based milestones shall be measurable and extend to the last production OTPS delivery. The contractor shall perform the following Performance-Based Milestones in accordance with Attachment 1, Statement of Work, and the Contractor prepared proposal and master schedule.

SAMPLE IMP MATRIXCLIN Event Exit Criteria Performance Based Payment (% of CLIN) Dollar Value

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(Offeror shall prepare and submit as part of the proposal)

Successful completion of each Milestone shall be the accomplishment of the following:

Submittal of the appropriate content of the contractor’s request for performance based payment in accordance with FAR Clause 52.232-32;

Successful accomplishment of the exit criteria of the Milestone;

Successful completion of the work content of each Milestone;

And submittal of the contractor’s certification in accordance with FAR Clause 52.232-23 Performance-Based Payments.

F-4 RETURN OF GOVERNMENT FURNISHED PROPERTY

Government Furnished Property (GFP) made available under this contract, except for CASS Stations, may be called for at any time by the government and shall be returned within five (5) calendar days after notification.

The Contractor shall coordinate removal of CASS stations with the Government De-install Team. The Contractor shall verify stations are RFI before removal. A verbal request shall constitute notification, but shall be confirmed in writing.

Unless called for earlier, GFP will be returned within ten (10) working days after completion of the contract.

GFP declared, by the government, as non-repairable or unusable shall be disposed of as directed by the government.

F-5 DEFINITIONS OF TIME PERIODS

For the purposes of this acquisition, the following definitions will apply, unless explicitly defined elsewhere (i.e. in DD Forms 1423, DD Forms 1664, etc.):

Day - Calendar day

Quarters - Time periods comprising 01 January through 31 March, 01 April through 30 June, 01 July through 30 September, and 01 October through 31 December.

Semi-Annual - Twice yearly, 30 June and 31 December.

Annual - Once yearly, 31 December.

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SECTION G Contract Administration Data

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 TECHNICAL DATA - WITHHOLDING OF PAYMENT (DFAR 252.227-7030) (OCT 1988)

(a) If technical data specified to be delivered under this contract, is not delivered within the time specified by this contract or is deficient upon delivery (including having restrictive markings not identified in the list described in the clause at 252.227-7013(k) of this contract (see Sect. I), the Contracting Officer may, until such data is accepted by the government, withhold payment to the contractor of ten percent (10%) of the total contract price or amount unless a lesser withholding is specified in the contract. Payments shall not be withheld nor any other action taken pursuant to this paragraph when the contractor's failure to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the contractor.

(b) The withholding of any amount or subsequent payment to the contractor shall not be construed as a waiver of any rights accruing to the government under this contract.

G-2 SUBMISSION OF INVOICES (FIXED PRICE) (NAPS 5252.232-9000) (JUL 1992)

(a) "Invoice" as used in this clause does not include contractor's requests for progress payments.

(b) The Contractor shall submit original invoices with four (4) copies, to the address identified in the solicitation/contract award form (SF26-Block 10; SF 33-Block 23; SF 1447-Block 14), unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order (DD 1155-Block 13 or SF 26-Block 10).

(c) The use of copies of the Material Inspection and Receiving Report (MIRR), DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides instructions for such use. Copies of the MIRR used as an invoice are in addition to the standard distribution stated in DFARS F-401.

(d) In addition to the requirements of the Prompt Payment clause of this contract, the contractor shall cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable; the accounting classification reference number (ACRN) as identified on the financial accounting data sheets, and the payment terms.

(e) If acceptance is at origin, the contractor shall submit the MIRR or other acceptance verification directly to the designated payment office. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office.

G-3 SUBSTITUTION OR ADDITION OF PERSONNEL (NAVSUP 252.237-9400) (JAN 1992).

(a) The offeror agrees to assign to the contract those persons whose resumes, personnel data forms or personnel qualification statements were submitted as required by Section L to fill the requirements of the contract. No substitution or addition of personnel shall be made except in accordance with this clause.

(b) The offeror agrees that: during the contract performance period, no personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden illness, death or termination of employment. In any of these events, the contractor shall promptly notify the contracting officer and provide the information required by paragraph (d) below.

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(c) If personnel for whatever reason become unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or are expected to devote substantially less effort to the work than indicated in the proposal, the contractor shall propose a substitution of such personnel, in accordance with paragraph (d) below.

(d) All proposed substitutions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days (thirty (30) days if a security clearance must be obtained) prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute and any other information required by the Contracting Officer to approve or disapproved the proposed substitution. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

(e) In the event a requirement to increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract occurs, the offeror shall submit to the Contracting Officer a written request for approval to add personnel to the designated labor category. The information required is the same as that required in paragraph (d) above. The additional personnel shall have qualifications greater than or equal to at least one (1) of the individuals proposed for the designated labor category.

(f) The Contracting Officer shall evaluate requests for substitution and addition of personnel and promptly notify the offeror, in writing, of whether the request is approved or disapproved.

(g) If the Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction of productive effort would impair the successful completion of the contract or the delivery order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer's discretion, if the Contracting Officer finds the contractor to be at fault for the condition, he may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the contractor's action.

G-4 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVSUP 5252.243-9400) (JAN 1992)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Name and Code: _________________________________________

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Mail Address: _________________________________________

_________________________________________

Telephone No: _________________________________________

G-5 THE CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The COR will perform the duties addressed in NAVAIRINST 4200.20B. The COR is also responsible for review and acceptance of all items associated with support services (this includes travel and per diem, parts and material, and data).

The COR for this contract is:

Name and Code: _________________________________________

Mail Address: _________________________________________

_________________________________________

Telephone No: _________________________________________ (To be designated at time of award)

(a) For this contract, the Contracting Officer hereby designates the following individual as the Assistant Program Manager for Systems Engineering (APMSE). The APMSE will monitor and review TPS/OTPS design and development efforts and associated DD Form 1423 data (as specified in this contract), attend reviews, and participate in Acceptance Testing as identified in Attachment (3) "General Acceptance Test Procedure".

Name and Code: _________________________________________

Mail Address: __________________________________________

__________________________________________

Telephone No: _________________________________________ (To be designated at time of award)

b) For this contract, the Contracting Officer hereby designates the following individual as the Assistant Program Manager for Logistics (APML). The APML will monitor and review TPS/OTPS design and development efforts and associated DD Form 1423 data (as specified in this contract)and attend periodic reviews.

Name and Code: _________________________________________

Mail Address: __________________________________________

__________________________________________

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Telephone No: __________________________________________ (To be designated at time of award)

G-6 PROPERTY ADMINISTRATOR

The cognizant Defense Contract Management Area Office (DCMAO) is hereby designated by the Contracting Officer as the Property Administrator to insure compliance with the contract requirements and the provisions of Part 45 of the Federal Acquisition Regulations with respect to the control of Government Property.

G-7 CONTRACT ADMINISTRATION OFFICE

Unless otherwise accepted herein or in contract award, the normal contract administration functions set forth in FAR 42.302 and DFAR 242.302 will be assigned to the cognizant Defense Contract Management Area Office.

G-8 COST ACCOUNTING STANDARDS ADMINISTRATION

A copy of this contract will be furnished to the Contract Administration Office cognizant of the Contractor's facility for administration of the Cost Accounting Standards provisions contained herein.

G-9 REIMBURSEMENT, TIME/MATERIAL/LABOR HOUR CONTRACTS (ITEMS 0010 AND 0011)

(a) Definition of Straight (Regular) Time and Overtime.

1. Straight Time is defined as a workweek of 40 hours (in accordance with FAR 22.103-1).

2. Overtime is defined as any time worked by a contractor's employee in excess of the employee's normal workweek (in accordance with FAR 22.103-1). Overtime shall be used only upon prior approval by the Contracting Officer's Representative (COR).

(b) Travel Costs.

1. Air: The Contractor shall be reimbursed for the actual cost of transportation via Air Coach/Economy to the extent that such transportation is necessary for performance of services under this contract and is authorized by the COR.

2. Privately Owned Conveyance: Reimbursement for the use of privately owned conveyance by the Contractor's personnel will be in accordance with Joint Travel Regulations when such travel is authorized by the COR.

3. Auto Rental: Reimbursement for the use of rental cars (most economical class available consistent with the need) by the Contractor's personnel will be at actual cost.

4. Other Public Transportation: The use of other public transportation (Coach/Economy) by the Contractor's personnel will be reimbursed for travel at actual cost when authorized by the COR.

5. Non-reimbursable Travel: Travel performed for personal convenience, daily travel to and from work at the Contractor's facility, and travel between the Contractor's local plant/facility and the Government's Test Integration Facility will not be reimbursed hereunder.

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(c) 1. Substantiation of Costs: The Contractor shall submit evidence, such as receipts with his invoices substantiating actual costs incurred for authorization of travel. In no event will reimbursement exceed the published rates of common carriers.

2. Personnel in Travel Status: Personnel in travel status from and to the Contractor's plant and designated work site shall be considered as time of performance under the contract, and shall be reimbursed at the straight (regular) time rate in Section B above; however, such reimbursement shall not exceed eight (8) man-hours per man for any one (1) person while in travel status during one (1) calendar day.

3. Area of Travel: Performance under this contract may require travel by contractor personnel within and outside the continental United States.

(d) Per Diem. Expenses for subsistence and lodging shall be reimbursed to the Contractor only to the extent where overnight stay is necessary and authorized by the COR for performance of services under this contract. The authorized per diem rate shall be the same as the prevailing per diem rate authorized Navy civilian employees in official travel status in the same locality.

(e) Cost of Materials. The cost of materials furnished pursuant to specific authorization by the COR, shall be reimbursed at the Contractor's invoice cost less any discounts taken or to be taken, plus 5% material handling costs. Expendable material costs for items such as office supplies, report paper, etc., and tools of the trade items, shall be absorbed by the Contractor at his given hourly wage rates. The Contractor is required to support all material costs claims by submitting paid invoices or store room requisitions therefore.

G-10 PERFORMANCE-BASED PAYMENTS

Payment shall be made in accordance with FAR 52.232-32, Performance-Based Payments. The basis for the performance-based payments is stated in Section F. The content of the contractor’s request for performance-based payments shall be in accordance with FAR 232-32(1). The basis for successful completion of a Milestone is stated in Section F.

The request for performance-based payments shall be forwarded to the Contracting Officer for approval. Upon approval from the Contracting Officer, to occur within thirty (30) days from the receipt of the request, the Contracting Officer shall provide written notification to the contractor that the Milestone has been approved.

The contractor shall forward the contracting officer written approval with the invoice for the milestone with three (3) copies submitted to the address indicated on the solicitation/contract award form (SF-26-Block 10; SF 33-Block 23).

(1) Content of the contractor’s invoice for Performance-Based Payments. The contractor’s request for payment shall contain the following:

Name and addressThe date of the request for performance-based paymentsThe Contract NumberDescription of the basis for payment (Milestone accomplished)Written approval of Milestone accomplishment from the U.S. Government Contracting Officer.

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SECTION H Special Contract Requirements

SECTION H - SPECIAL CONTRACT REQUIREMENTS

NOTE: THE CONTRACTING OFFICER WILL ADD ANY ADDITIONAL CLAUSES. THE ACQUISITION TEAM LEADER WILL PROVIDE THE INFORMATION TO THE PCO FOR INCORPORATION INTO THE CONTRACT.

H-1 (52.209-3) PILOT PRODUCTION APPROVAL -- CONTRACTOR TESTING (SEP 1989)

(a) The Contractor shall test _______ unit(s) of LOT/Item 0001 as specified in this contract. At least thirty (30) calendar days before the beginning of Pilot Production Acceptance Testing, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the pilot production test report within thirty (30) calendar days after acceptable completion of all action items resulting from each Pilot Production Test to “See Exhibit B” marked “PILOT PRODUCTION TEST REPORT: Contract No. _________________________, OTPS No. ____________________” Within thirty (30) calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the pilot production unit. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specification 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 pilot production unit(s) is disapproved, the Contractor, upon Government request, shall repeat any or all pilot production tests. After each request for additional tests, the Contract shall make any necessary changes, modifications, or repairs to the pilot production unit or select an=other another pilot production unit for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall then conduct the tests and deliver another test report to the Government under the terms and conditions and within the time specified by the Government. The Government shall action on this report within the time specified in paragraph (b) above. 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 pilot production report on time, or the Contracting Officer disapproves any pilot production unit, 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, and if the approved pilot production test unit(s) is not consumed or destroyed in testing, the Contractor may deliver the approved pilot production test unit(s) as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, 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.

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(g) Before pilot production 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 pilot production 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.

(u)The Government may waive the requirement for pilot production testing 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)

IF THIS IS A COMPETITIVE PROCUREMENT, BE SURE TO KEEP THE FOLLOWING WARRANTY CLAUSE.

H-2 5252.246-9535 WARRANTY (APR 1990)

(a) Definitions:

(1) Acceptance: The word "acceptance" used herein means the signing of a DD Form 250 by the duly authorized Government representative.

(2) Supplies: The word "supplies" as used herein means end items furnished by the Contractor.

(3) Defects: As used herein means any condition or characteristic in any supplies furnished by the Contractor under this contract that is not in compliance with the requirements of the contract.

(4) Critical Defects: As used herein means any condition or characteristic in any supplies furnished by the Contractor under this contract that creates a safety hazard or significantly impacts fleet maintenance capability. Examples of critical defects include: failure of the Test Program Set to restore the UUT to Ready for Issue (RFI) condition, failure to correct a misalignment, safety issues, failure to detect and isolate a detectable fault or significant documentation errors.

(5) Correct: As used herein means to eliminate the defects. Corrective action may include repair, replacement, redesign, and development and qualification of a modification to eliminate the defect and retrofit of such modification.

(6) Organic Repair: As used herein means organizational, intermediate, or depot level repair actions performed by any Navy or other Department of Defense activity.

(7) Essential Performance Requirements: As used herein means any operational capability, performance requirement, or other characteristic necessary for the supplies to fulfill the military requirements for which they were designed. OTPS performance requirements are set forth in the Attachment 2, Performance Specification for CASS OTPSs which includes the Contractor prepared TPS

2



Performance Addendum, and the Attachment 2A, Style Requirements. Test Program Set Documentation (TPSD) and Technical Manuals (TM) information requirements are set forth by the respective CDRL.

(b) Warranty:

(1) Notwithstanding inspection and acceptance by the Government or any provision of this contract concerning the conclusiveness thereof, the Contractor warrants (a) each Pilot Production OTPS, for a period beginning at initial Pilot Production OTPS DD250 acceptance and ending twelve months after DD250 acceptance of the last Pilot Production of the same OTPS configuration; and (b) each production OTPS, for period beginning at initial production OTPS DD250 acceptance and ending twelve months after DD250 acceptance of the last production set of the same OTPS configuration, that all supplies furnished under this contract:

(EXAMPLE: The warranty period for OTPS 1 Pilot Production units (under Non-Recurring Pilot Production CLINs) begins with the acceptance of the initial Pilot Production unit and ends 12 months after the acceptance of the fourth OTPS 1 Pilot Production unit. The warranty period for OTPS 1 production units (under Recurring Article CLINs) begins with the acceptance of the first OTPS 1 production unit and ends 12 months after the acceptance of the final OTPS 1 production unit.)

(i) shall conform to the design and manufacturing requirements in the contract and amendments thereto;

(ii) shall be free from all defects in material and workmanship; at the time of acceptance;

(iii) shall conform to the OTPS performance requirements delineated in the Attachment 2, Performance Specification for CASS OTPSs which includes the Contractor prepared TPS Performance Addendum, and the Attachment 2A, Style Requirements; and

(iv) shall conform to the Test Program Set Documentation (TPSD) and Technical Manuals (TM) performance in accordance with the respective CDRL.

(2) With respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the contractor performs some modification or other work on such property in which case the Contractor's warranty shall extend to such modification or other work.

(3) This warranty will not be voided by organic repair.

(c) Remedies:

(1) Corrective Actions: In the event of a breach of the Contractor's Warranty in paragraph (b) above, the Government, at its election, may require the Contractor to take all actions necessary to correct the breach at no additional cost to the United States including:

(i) For critical defects as identified in paragraph (a)(4), the contractor shall provide on-site support within 72 hours of receipt of written Procuring Contracting Officer (PCO) notification, to analyze, investigate, and implement corrective actions. On-site support shall include providing support at fleet shore and ship-board sites. When appropriate, incorporate corrective actions on-site.

(ii) For non-critical defects, the contractor shall perform analyses of causes of defects or failures resulting in a breach of warranty provisions under this contract, propose corrective actions for such

3



causes including schedules for performing such corrective actions, and implement the corrective actions proposed as a result of such analyses and investigations.

(iii) For critical defects, correct the defective or non-conforming supplies when possible at the fleet site where the defect was reported. For critical defects not resolved on-site, or non-critical defects, correct at the original point of delivery or the Contractor's plant the defective or nonconforming supplies;

(iv) Furnish, at the original point of delivery, at the Contractor's plant, or fleet site, such materials or parts and installation instructions as may be required to complete successfully the corrective action; and

(v) Prepare and furnish new or revised data and reports associated with the corrective action, including all affected data delineated in the DD 1423s under this contract.

(2) Equitable Adjustment:

(i) If the Government elects not to require the Contractor to take corrective action for any breach of warranty under this clause, the Government shall be entitled to an equitable reduction in the price of such supplies.

(ii) If the Government performs or has performed the corrective action, the Government shall be entitled to the reimbursement of reasonable costs incurred to correct the deficiency.

(3) When supplies require correction or replacement pursuant to this clause, the government will bear the cost of the transportation to the port of CONUS entry. The contractor will bear the transportation costs between the CONUS port of entry and the site where correction or replacement action occurs and subsequent return to that port of entry.

(4) The Contractor will bear the transportation costs for Warranty support performed on-site or at the original point of delivery.

(d) Notification and Correction Procedures:

(1) Except as the notification period may be extended by operation of paragraph (d)(4) herein, the Contractor shall be notified in writing of any breach of the warranty set forth in paragraph (b) above including a description of the breach. Written notice shall consist of a letter from the Procuring Contracting Officer (PCO). If the Contractor has knowledge of a defect constituting a breach of the warranty in paragraph (b) above, such knowledge shall be deemed to constitute written notice.

(2) For critical defects not resolved on-site, the Contractor shall submit to the PCO a written plan with recommended actions and a proposed schedule to remedy the breach within fourteen (14) calendar days from receipt of original PCO notification. For non-critical defects, the Contractor shall submit to the PCO a written plan with recommended actions and a proposed schedule to remedy the breach within thirty (30) calendar days from receipt of PCO notification.

(3) The Contractor warrants that all corrective action pursuant to the Remedies section of this clause shall be completed and supplies tendered for redelivery to the Government within either: (i) thirty (30) calendar days from the date of Contractors receipt of uncorrected supplies at the Contractor’s plant or original point of delivery or (ii) the schedule pursuant to the plan of action approved by the Procuring Contracting Officer. If the contractor is unable to provide corrective action within the applicable timeframe, the contractor shall request an extension, in writing, from the PCO.

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(4) Notification Period for Board of Inspection and Survey Trials. (Applicable Only to Aircraft) If Board of Inspection and Survey (BIS) trials are conducted or will be conducted under this or any prior contract with respect to aircraft of the type or types to be delivered under this contract, the period of notification of a breach of the warranties in paragraph (b) shall be one (1) year from the date the last aircraft of the type being acquired under this contract completes BIS trials, or two (2) years from the date the first such aircraft is accepted for such trials, whichever is later. For the purpose of this clause, aircraft with different Government model letter designations shall, unless otherwise provided in the contract, be considered aircraft of different types. NOT APPLICABLE.

(5) Warranty for Corrected or Replaced Supplies: Any supplies or components replaced pursuant to this warranty are subject to the provisions of this clause, including those on remedies and notification, in the same manner as supplies or components initially delivered. For supplies or components corrected under this clause by repair, the Contractor shall be notified in writing of any breach of the warranty set forth in paragraph (b) above (including a description of the breach).

(6) The contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with the PCO’s direction to correct the breach. If after the Contractor undertakes correction, it is determined that a breach of warranty did not occur, the price and other affected provisions of this contract will be equitably adjusted to compensate the Contractor for actions taken pursuant to this clause.

(e) Marking:

(1) For each aircraft, missile, or engine delivered, the Contractor shall provide complete, accurate and legible warranty information in the Aircraft or Engine Log Book or Aeronautical Equipment Service Record as part of the acceptance of each aircraft, missile, or engine. NOT APPLICABLE.

(2) All other warranted supplies furnished under this contract shall be identified as such by marking each item with its approved item name and military type designation in accordance with MIL-STD-130 and each shipping container in accordance with MIL-STD-129L.

(3) For supplies accepted conditionally or under special conditions, the applicable log book or aeronautical equipment service record card shall specify any exceptions to acceptance, including work to be completed, material to be installed and defects or non-conformances to be corrected. NOT APPLICABLE.

(4) All warranty markings shall be indelible, legible and include, as a minimum, the following:

(i) "WARRANTED ITEM" in bold letters at least twice as large as those used to provide additional information;(ii) NSN, manufacturer's part number, serial number or other item identifier;(iii) contract number;(iv) manufacturer or entity providing the warranty;(v) date or time for expiration of the warranty;(vi) a statement that organic repair will not void the warranty; and,(vii) shipping location and point of contact for warranty repairs.

(f) Warranty Administration:

(1) The Contractor shall provide updated Warranty Status Reports to the Government in accordance with DI-MISC-80733 and applicable DD 1423s. NOT REQUIRED.

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(2) Dual Processing: When an item is required to be processed for a QDR investigation and a warranty claim, the Contractor shall fulfill both requirements. If the Contractor has extenuating circumstances that make it impossible to meet the warranty turnaround requirements and also perform a QDR investigation, then the Contractor shall request from the PCO or his duly authorized representative an extension of the warranty turn-around-time in paragraph (d)(3) above.

(g) Miscellaneous:

(1) The rights and remedies of the Government and Contractor provided in this clause are in addition to, and do not limit, any rights and remedies the Government and Contractor may have under any other clause or provision of this contract.

(2) The Government's right under this contract because of latent defects, fraud, or such gross mistakes as amount to fraud are not limited by this clause.

(3) The warranties expressed herein are in lieu of any implied warranty of Merchantability or Fitness for a particular purpose.

H-3 GOVERNMENT FURNISHED PROPERTY (GFP) MADE AVAILABLE

The Government will furnish to the Contractor for use in connection with this contract the following material at the time specified:

The contractor shall identify the location where the GFP assets will be shipped:

Company ________________________________________________________

Address ________________________________________________________

City, State ZIP Code _______________________________________________

DATA. UUT/TPS/ATE data was provided with the Request for Proposal (RFP). The data provided is all the Government data available at the time. If additional data becomes available, the Government will provide this data to the Contractor. The Government does not assume any liability for the accuracy of any UUT/TPS data provided to the Contractor.

TAILORING ALTERNATIVE FOR PROGRAM MANAGER:

DELETE PARAGRAPH BELOW IF UUTS ARE TO BE PROVIDED BY THE CONTRACTOR. DELETE THE LAST SENTENCE IF UUTS WILL NOT BE AVAILABLE EARLY FOR CONTRACTOR EXAMINATION.

UNITS UNDER TEST (UUT). To support this contract, UUTs in RFI condition in the quantity set forth in Attachment 1, Appendix A, will be provided. UUTs to support individual TPS integration will be no later than thirty (30) calendar days before the start of that TPS integration effort. The Contractor shall be responsible for the maintenance and repair of all UUTs while in the Contractor’s custody. The Government will take custody of the UUTs for performance of Government Testing. UUTs returned to the Government

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for Government Testing shall be in RFI condition. At the completion of Government Testing, the UUTs will be returned to the contractor in RFI condition for production efforts. The contractor shall return the GFE UUTs in RFI condition to the Government at completion of the production effort. If the Contractor requires examination of the UUTs for mechanical fit and engineering investigation purposes, the Government will advise where the contractor may examine them (UUTs will not be provided on a temporary basis).

Government Testing - At the end of pilot production testing, the contractor shall provide the UUTs to the Government for use at Government Testing. At this time, the contractor shall notify the Government of any non-standard parts or temporary repairs such as jumper wires made to the UUTs.

Production Acceptance Testing - Upon completion of Government Testing, the Government shall return the UUTs to the contractor. The Government shall also notify the contractor of any non-standard parts or temporary repairs made to each UUT during Government Testing. The contractor shall accept each UUT for use in Production Acceptance Testing only after a successful end-to-end test of the UUT (run by the Government) on the applicable CASS TPS to certify the functional RFI condition of the UUT.

UUT Return to the Government - Upon completion of Production Acceptance Testing, the contractor shall replace all non-standard parts (the Government shall fund refurbishment efforts associated with any non-standard parts or temporary repairs introduced during Government Testing), remove any wires that were added to facilitate testing, and document the functional RFI condition of each UUT through a successful end-to-end test of the UUT on the applicable CASS TPS. The Government will be responsible to bring each UUT to a flight worthy status.

NOTE: THE TYPE OF STATIONS AND QUANTITIES MUST BE IDENTIFIED IN THE RFP.

CASS STATIONS. Use of Block 1, Block 2, Block 3, Electro-Optic + CASS, HPDTS, and RTCASS stations, power cables, and ground cables will be provided as GFE on-site to the Contractor prior to the start of integration. The stations to be provided consist of the following configurations and quantities:

TYPE QUANTITY

The configuration of the CASS station software, and documentation will be established contract award. New baselines for CASS software and associated documentation will be made provided to the contractor as they become available. A bilateral determination will be made as to establishing a new baseline.

NOTE: THE ANCILLARY EQUIPMENT MUST BE IDENTIFIED IN THE RFP.

CASS ANCILLARY EQUIPMENT: Use of Ancillary Equipment will be provided as GFE on-site to the Contractor prior to the start of integration. The equipment to be provided consists of the following:

EQUIPMENT QUANTITY

CASS DATA. The following information will be provided at contract award (on a compact disk read-only media (CD ROM)) and shall be used in the TPS design and development and will establish the data baseline for this contract.

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TAILORING ALTERNATIVE:Contact Bill Darling, NAWCADLKE Code

4.8.3.3, (732) 323-2779, fax (732) 323-1551 for current listing.

CASS Station Interface and GPI Pin out Data

Prime Item Development Specification for CASS

Software User’s manual (SUM) for Support Software (SUPR)

Tailored Version - SUM for the Station Control Software (SCSW)

Tailored Version - SUM for the Intermediate Maintenance OperationsManagement System (IMOMS)

CASS User’s Guide for TPS DevelopersVol 1: General and Non-Hardware 1900AS154Vol 2: AC Power Supplies/400 Hz Power Monitor 1902AS050Vol 3: Digital MultiMeter (DMM) 2051AS866Vol 4: Frequency Time Interval Counter (FTIC) 2051AS867Vol 5: Pulse Generator (PGEN) 2051AS868Vol 6: CASS Instrumentation Built-In-Test (BIT) 1902AS054Vol 7: Synchronization and Timing Assembly (STA) 2051AS869Vol 8: Programmable Power Loads (PPL) 1902AS056Vol 9: Deleted Vol 10: Waveform Digitizer and Waveform Digitizer Distribution (WDD) 2051AS870Vol 11: Low Frequency Calibrator (LFC) 2051AS849Vol 12: DC Programmable Power Supplies 1902AS060Vol 13: Arbitrary Waveform Generator (AWFG) 1902AS061Vol 14: Communications Interface (COMMIF) 1902AS062Vol 15: Synchro Generation/Measurement Assembly (SGMA) 1902AS063Vol 16: Video Pattern Generator (VPG) 1902AS064Vol 17: RF Instrumentation (6 Books) 1902AS065

Book 1: Complex Signal Structure 1902AS065-BK 1Book 2: Microwave Transition Analyzer (MTA) 1902AS065-BK 2Book 3: Power Meter/Spectrum Analyzer 1902AS065-BK 3Book 4: Frequency Synthesizer 1902AS065-BK 4Book 5: Arbitrary Waveform Generator (AWFG) 1902AS065-BK 5Book 6: Spread Spectrum 1902AS065-BK 6

Vol 18: Air Data Test System (ADTS) 1902AS066Vol 19: Digital Test Unit (DTU) 1902AS067Vol 20: Deleted Vol 21: Advanced Communication Bus Interface (ACBI) 2048AS365Vol 22: Triggering 2048AS366Vol 23: Electro-Optical Subsystem Plus (EOSP) 2056AS280Vol 24: Automated Gyro/Gimbal Control System (AGCS) 2056AS736Vol 25: High Power Device Test Set (HPDTS) 3528AS814Vol 26: Bus Test Instrument (BTI) (3 Books)

Book 1: BTICOMM 3528AS1144

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Book 2: BTI1553 3528AS1145Book 3: BTI485 3528AS1146

Vol 27: Analog Test Instrument (ATI) 3528AS1147A Vol 28: Embedded GPIB Controller (FAST488) 3528AS1148 Vol 29: (MAC PCEXEC) (22 Books)

Book 1: General and Non-hardware 3528AS1149 Book 2: Analog Test Instrument (ATI) 3528AS1150 Book 3: Bus Test Instrument (BTI) 3528AS1151 Book 4: AC Power Supplies/400 Hz Power Monitor 3528AS1152 Book 5: Arbitrary Waveform Generator (AWFG) 3528AS1153 Book 6: Comstron Signal Generator (CSSG) 3528AS1154 Book 7: DC Programmable Power Supplies (DCPS) 3528AS1155 Book 8: Digital MultiMeter (DMM) 3528AS1156 Book 9: Digital Test Unit (DTU) 3528AS1157 Book 10: Frequency Time Interval Counter (FTIC) 3528AS1158 Book 11: General Purpose Interface (GPI) 3528AS1159 Book 12: Hewlett Packard Power Meter (HPPM) 3528AS1160 Book 13: Hewlett Packard Spectrum Analyzer (HPSA) 3528AS1161 Book 14: Hewlett Packard Signal Generator (HPSG) 3528AS1162 Book 15: Low Frequency Calibration (LFC) 3528AS1163 Book 16: Pulse Generator (PGEN) 3528AS1164 Book 17: Programmable Power Loads (PPL) 3528AS1165 Book 18: Synchro Generation/Measurement Assembly (SGMA) 3528AS1166 Book 19: Spread Spectrum Signal Analyzer (SSSA) 3528AS1167 Book 20: System Trigger (STRG) 3528AS1168 Book 21: Video Pattern Generator (VPG) 3528AS1169 Book 22: Waveform Digitizer (WFRD) 3528AS1170

Appendices A through E and H through K

TAILORING ALTERNATIVE:

the RTCASS conversion toolset

OPEN VMS COMPATIBLE SOFTWARE TOOLS. At contract award, one set of OpenVMS compatible CASS Test Program Set Development tools will be provided (on a CASS compatible Magneto-Optical disk) consisting of:

ATLAS Compiler ATLAS Binder NewLook Processor Common Functional Extension Procedures (FEPs) ATI Off-Station Display Software

MTPSI File Generator Test Executive Simulator

Test Program Software Development Shell

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Resource Definition File

PC COMPATIBLE SOFTWARE TOOLS. At contract award, one set of PC-compatible CASS Test Program Set Development tools will be provided (on a CD-ROM), consisting of:

VisualMTPSI

The UUT assets listed in Attachment 1, Appendix A and the VAX compatible software tools listed above will be shipped to the following address:

______________________________________________________________________________________

______________________________________________________________________________________

(address to be furnished by the offeror)

* RFI operational condition means that a part or unit is capable of passing all required tests at its level and performs as intended in its next higher assembly.

Only the GFP listed herein will be furnished by the Government. All other material or data required for the performance of this contract shall be furnished by the Contractor.

NOTE: IF THIS IS AN INITIAL OUTFITTING OF AN AIMD, THE GPETE (GENERAL PURPOSE ELECTRONIC TEST EQUIPMENT) ITEMS SHALL BE PROVIDED UNDER THIS CONTRACT. IF IT IS NOT AN INITIAL OUTFITTING, THE TYPE COMMANDERS WILL DETERMINE THE REQUIRED INVENTORY AND ACQUIRE ANY ADDITIONAL ITEMS NECESSARY. THE ACQUISITION TEAM LEADER MUST MAKE THIS DETERMINATION DURING INCLUDE APPROPRIATE INFORMATION IN THE RFP AND SUBSEQUENT CONTRACT.

H-4 CONTRACTOR FURNISHED EQUIPMENT

The contractor shall provide:

(1) Software compatible with Teradyne CASS Digital Test Unit (DTU) Operating System Software that is necessary for programming the CASS DTU. This software is hosted on either Digital Equipment Corporation VAX systems or PC based systems running compatible VAX or Alpha emulators and will be used by the contractor at the contractor's facility for the period of performance of the contract. A point of contact at Teradyne is Gil Burns, (781) 890-2080 or FAX (781) 890-2485.

(2) VAX/Alpha computer assets or their equivalents (e.g., a PC based system running a compatible VAX emulator) for the contractor’s use in operating the CASS Test Program Set Development software tools and Teredyne VX/AX software.

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(3) Facilities, equipment and data not provided by the government.

(4) LASAR V6

H-5 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE

All Technical Data and Computer Software to be delivered under this Contract shall be delivered to the Government with unlimited rights in accordance with DFARS 252.227-7013, “Rights in Technical Data –Noncommercial Items” and 252.227-7014 “Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation”.

H-6 SERVICE CONTRACT GUIDELINES (FOR CLIN ITEM 0105)

All Naval personnel involved in inspection or surveillance of contractor services or liaison with contractor personnel shall conform to the guidelines for using contractor services set forth in enclosure (1) to SECNAVINST 4200.27A dated 12 February 1985.

H-7 PROVISIONED ITEM ORDERS (NAVSUP 5252.217-9400) (JAN 1992)(Applicable to Item(s) 0013-0018)

(a) The Contractor shall furnish such support (spare/repair) parts as may be ordered by the Government in accordance with the procedures specified herein. Notwithstanding a contrary provision for interim release of selected parts specified elsewhere in the provisioning procedures incorporated in this contract, the Contractor shall not commence work on these support parts prior to the placement of orders by the Administrative Contracting Officer (ACO).

(b) Orders (or revisions thereto) for support parts shall be issued by the Contracting Officer in the form of either bilateral or unilateral modifications to this contract. The order shall identify the support parts and the quantities, packaging and consignment instructions for the parts to be furnished. Lists of provisioned support parts to be furnished shall be made contract exhibits which shall be assigned the exhibit identifiers designated in the Schedule of Supplies/Services for the applicable contract line item. To the maximum extent possible, these modifications will be bilateral and include definite price and delivery terms.

(c) When the Contracting Officer determines that insufficient time exists for the parties to reach agreement on price and delivery terms, the Contracting Officer may unilaterally issue an unpriced order which includes a monetary limitation and desired delivery schedule for the support parts ordered.

1. The Contractor shall commence work upon receipt of an unpriced order issued hereunder. If at any time the Contractor has reason to believe that the price (estimated cost and fee) of an order placed hereunder will exceed the monetary limitation established by the Contracting Officer in a unilateral modification, the Contractor shall so notify the Contracting Officer in writing and propose an appropriate increase. Within thirty (30) days of such notice, the Contracting Officer will either (i) increase the monetary limitation for the unpriced order by issuance of an additional contract modification, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor proceed with work on a unilateral modification beyond the point where his cost plus a reasonable profit (fee) will exceed the monetary limitation.

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2. Within 60 days of the unpriced order issue date, or, prior to completion of 20% of the required work (whichever occurs earlier), the Contractor shall submit to the Contracting Officer a price and delivery schedule proposal to include supporting cost or pricing data as required by FAR 15.8. The estimated prices contained in the unpriced order shall not be used for billing purposes for support parts delivered under the order. The unpriced order shall be definitized by a bilateral modification to be prepared by the Contracting Officer within 180 days after agreement on price and delivery schedule or prior to completion of 40% of the required work (whichever occurs earlier). Failure to reach agreement on price for any unpriced order within the time frame specified above shall be considered a dispute within the meaning of the "Disputes" clause.

3. Pending the establishment of firm prices by a bilateral modification, the maximum liability of the Government shall not exceed the monetary limitation contained in the unpriced order.

4. The Contractor shall propose and segregate costs for each unpriced order.

(d) Increases in quantities of support parts ordered shall be accomplished by issuance of a separate provisioned item order (contract modification) by the Contracting Officer in accordance with these provisions. Quantity decreases or cancellations of support parts ordered shall be accomplished by issuance of a separate provisioned item order pursuant to the "Termination for Convenience of the Government" clause.

(e) Orders for support parts placed in accordance with these provisions may be issued by the Government within 180 days after delivery of the last end article to be supplied under this contract.

H-8 WORK BREAKDOWN STRUCTURE

The Work Breakdown Structure (WBS) is used to establish the framework for planning and estimating the work for this contract. It will also be the basis for all Cost and Schedule performance measurement and reporting.

During performance of resultant contract, changes to the WBS at or higher than reporting level three must be approved by the Contracting Officer prior to implementation. The changes shall reflect negotiations, new work, modifications/changes, changes in work element distribution, or configuration changes.

The Contractor shall submit a traceability matrix to the Contracting Officer within 10 calendar days after a WBS revision is approved. This matrix shall cross-reference the revised WBS to the baseline WBS.

The Contractor shall be responsible for traceability of subcontractor data supporting its WBS elements. The Contractor must establish with a subcontractor a WBS that is consistent with the reporting levels of the prime contractor established in accordance with this RFP. In other words, the subcontractor WBS must integrate into the appropriate WBS elements of the prime contractor so that there are no deviations from the reporting levels that the Government.

H-9 CONFIGURATION OF GFE CASS STATIONS

The configuration of the CASS stations, software, and documentation provided as GFE will be baselined at start of integration by Letter from the PCO.

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H-10 NATIONAL STOCK NUMBERS

(a) This provision applies to spare parts which are stock numbered under Federal Catalog System procedures.

(b) Unless otherwise authorized by the Contracting Officer, in writing, the Contractor shall not deliver any spare parts until the spare parts have been marked with a National Stock Number. All available National Stock Numbers will be furnished by the Government in time to meet the delivery schedule for the spare parts. The Contractor may present the spare parts which are scheduled for delivery to the APMSE for acceptance. The APMSE may accept such supplies without National Stock Numbers and the Government will pay the Contractor therefore, provided, that title to the supplies is vested in the Government.

(c) The term "Federal Stock Number" (FSN), wherever it appears in this solicitation, means "National Stock Number" (NSN), and the term "Federal Item Identification Number," wherever it appears in this solicitation, shall mean "National Item Identification Number."

H-11 CONFIGURATION CONTROL ENGINEERING CHANGES, AND DEVIATIONS

The contractor shall submit one reproducible copy of each Engineering Change Proposal (ECP) or Request for Deviation to the PCO, a second copy shall be forwarded to NAVAIR code PMA260D2, and a third copy shall be forwarded to the APMSE for review.

The PCO is responsible for approval/disapproval of the Requests for Deviations and ECPs.

H-12 VALUE ENGINEERING CHANGE PROPOSALS

Whenever a contractor submits a Value Engineering Change Proposal (VECP) under the Value Engineering Clause of this contract, the proposal, regardless of classification, will be prepared and submitted on DD Form(s) 1692 and 1692-1 through -5. Each Value Engineering Change Proposal submitted will be identified by stamping or printing "VECP" 1/2 inch high at the top and bottom of each ECP sheet involved, together with a statement at the top of the ECP Form reading "VALUE ENGINEERING CHANGE PURSUANT TO VALUE ENGINEERING CLAUSE IN SECTION I."

No engineering change will be made by the contractor unless he is notified in writing by the Contracting Officer to do so. The VECP shall be accompanied by SF 1411, Contract Pricing Proposal Cover sheet, with sufficient supporting cost details to determine the change in the price of the items and data items of the contract. If the VECP requires that changes be made to Technical Publication, the changes will be described in the VECP and the supporting Pricing Proposal cover sheet.

H-13 EXERCISE OF OPTIONS

If required, Options will be exercised at [ Complete with exercise of option time-frame ].

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H-14 ENVIRONMENTAL CONTROLS

Notwithstanding that the contract may require the use of paints or coatings which do not meet state or district requirements for reduced volatile organic compounds (VOC's), the contractor must comply with all federal, state, and local regulatory requirements respecting air quality and emission limitations. It remains the contractor's responsibility to meet the requirements for reduced VOC's even where to do so will require the use of engineering controls or other special painting equipment.

The use of class 1 ozone depleting substances is not permitted in the performance of this contract.

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SECTION I Contract Clauses

SECTION I - CONTRACT CLAUSES

TO BE REVIEWED BY THE PCO

YOUR PCO WILL DETERMINE WHICH CONTRACT CLAUSES ARE REQUIRED. TELL YOUR CONTRACTS SPECIALIST OR PCO THAT YOU WANT IT VERBATIM IN THE FINAL RFP. CHECK THE FINAL VERSION TO BE SURE I.1 IS INCLUDED.

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SECTION J List of Documents, Exhibits, and Other Attachments

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

EXHIBITS: Contract Data Requirement Lists (CDRL) (DD FORM 1423)

A - (For Item 0002) B - (For Item 0004) C - (For Item 0005) D - (For Item 0006) E - (For Item 0007) F - (For Item 0008) AA - (For Item 0102) AB - (For Item 0104)

AC - (For Item 0105AB)

ATTACHMENTS:

(1) STATEMENT OF WORK (SOW) FOR INTERMEDIATE LEVEL TPS/OTPS DEVELOPMENT FOR UNITS UNDER TEST (UUT) FOR USE WITH CASS

(1A) SOW APPENDIX A - UUT LISTING (2) PERFORMANCE SPECIFICATION SUPPLEMENT (ADDENDUM TO MIL-PRF-32070)

(3) GENERAL ACCEPTANCE TEST PROCEDURE (GATP) FOR TPS/OTPS

(4) TECHNICAL DATA PACKAGE (TDP) CONTRACT REQUIREMENTS

(5) TECHNICAL MANUAL CONTRACT REQUIREMENTS (TMCR)

(6) PROVISIONING STATEMENT OF WORK (PSOW)

(7) ADDRESSEE LIST

(8) DISTRIBUTION STATEMENTS

(9) DD FORM 254 (CONTRACT SECURITY CLASSIFICATION SPECIFICATION)

(10) Storage Case Drawings 3983AS1090-1 and 3983AS1090-2

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SECTION K Representations and Certifications

SECTION K - REPRESENTATIONS AND CERTIFICATIONS

TO BE REVIEWED BY THE PCO

YOUR PCO WILL DETERMINE WHICH CONTRACT CLAUSES ARE REQUIRED. TELL YOUR CONTRACTS SPECIALIST OR PCO THAT YOU WANT IT VERBATIM IN THE FINAL RFP. CHECK THE FINAL VERSION TO BE SURE I.1 IS INCLUDED.

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SECTION L Instructions, Conditions, and Notices to Offerors

SECTION L - INSTRUCTION, CONDITIONS, AND NOTICES TO OFFERERS

PROGRAM MANAGER:

THE FOLLOWING CLAUSES ARE TYPICAL CLAUSES USED BY THE PCO. YOUR PCO WILL ADD AND/OR

DELETE CLAUSES AS REQUIRED


52.211-1.1.1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 [AUG 1998]

52.211-2 Availability of Specifications Listed in the DoD Index of Specifications and Standards (DODISS) and Descriptions Listed in the Acquisition Management Systems and Data Requirements Control List, DOD 50101.12-L [JAN 2004]

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation [FEB 1999]

252.227-7017 Identification and assertion of Use, Release, or Disclosure Restrictions [JUN 1995]

52.204-6—Data Universal Numbering System (DUNS) Number (OCT 2003)

(a) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned at the discretion of the Offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the Offeror does not have a DUNS number, offeror should contact DUN and Bradstreet directly to obtain one.

(1) Offeror may obtain a DUNS number—

(i) If located within the United States, by calling DUN and Bradstreet at 1-866-705-5711 or via the internet at http://www.dnb.com or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office.

(2) The Offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

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http://www.dnb.com/



(iii) Company physical street address, city, state and Zip Code

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number

(vi) Date the company was started

(vii) Number of employees at your location

(viii) Chief executive officer/key manager

(ix) Line of business (industry)

(x) Company Headquarters name and address (reporting relationship within your entity)

(End of Provision)

L-1 ACCEPTANCE OF CONTRACT PROVISIONS

RFP NXXXXX-XX-R-XXXX (including Exhibits and Attachments) and successful offeror's technical proposal will be part of any resultant contract. The successful offeror shall comply with ALL RFP provisions; therefore, if the offeror takes exception to any provision of the RFP, ALL such exceptions shall be identified to the Contracting Officer in sufficient time for resolution prior to solicitation closing date. Offeror's signature below indicates acceptance of all RFP provisions.

SIGNATURE ________________________________________________ DATE: ________________

COMPANY _________________________________________________________________________

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

PROGRAM MANAGER:

THE PCO WILL PROVIDE THE WORDING FOR THIS INSTRUCTION

L-2 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING.(252.204-7001) [AUG 1999]

(a) The Offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter “CAGE” before the number.

(b) If the Offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Services Center (DLSC). The Contracting Officer will --

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1. Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;

2. Complete section A and forward the form to DLSC; and3. Notify the Contractor of its assigned CAGE code.

(c) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

L-3 CONTRACT AWARD (FAR 52.215-16) (ALT III) (AUG 1991)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, cost or price and other factors, specified elsewhere in this solicitation, considered.

(b) The Government may (1) reject any or all offers if such action is in the public interest, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received.

(c) The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

(d) The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the offer.

(e) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer, as provided in paragraph (d) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Government.

(f) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current.

(g) The Government may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or subline items. An offer is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result in the lowest overall cost to the Government, even though it may be the low evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance payment.

L-4 SIC CODE AND SMALL BUSINESS SIZE STANDARD (FAR 52.219-22) (JAN 1991)

(a) The standard industrial classification (SIC) code for this acquisition is 3812 .

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(b) 1. The small business size standard is 750 employees.2. The small business size standard for a concern which submits an offer in its own name,

other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

L-5 SERVICE OF PROTEST (FAR 52.233-02) (NOV 1988)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

PCO NAME ____________________________________________ADDRESS ____________________________________________

____________________________________________ ____________________________________________

(b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO.

L-6 AVAILABILITY OF DATA ITEM DESCRIPTIONS (DIDS)

DIDs cited on DD Forms 1423 (Contract Data Requirement List) which are listed in DOD 5000.19, Volume II, Department of Defense Acquisition Management Systems and Data Requirement Control List (AMSDL) may be obtained by submitting a request on DD Form 1425 (Specifications and Standards Requisition) to:

Commanding Officer (Code 301)U.S. Naval Publications and Forms Center (NPFC)5801 Tabor AvenuePhiladelphia, PA 19120-5099

The request may be submitted in letterform, giving the contract number involved and the applicable DID number, when DD Form 1425 is not available. The AMSDL may be ordered on DD Form 1425 or by letter when DD Form 1425 is not available. In the case of urgency, requests may be made to NPFC telephone (215) 697-2179. Procedures for obtaining complete sets of DIDs or revisions to DIDs are set forth in Section E of DOD 5000.19, Volume II, Department of Defense AMSDL

L-7 GENERAL INFORMATION REGARDING PAST PERFORMANCE AND SYSTEMIC IMPROVEMENT

(a) Past Performance. Evaluations will include assessment of past and present performance by review of data presented by the Offeror, data in existing government databases, data from cognizant procuring and contract administration assumed still to be in existence. The past performance inputs will not merely be added together the averaged for a grade. Instead, the effectiveness of action taken by the Offeror to resolve these problems will be used to assess the risk of future performance on the proposed contract.

(b) Systemic Improvement. Successful offerors will be able to demonstrate their application of systemic improvement management practices by presenting the root cause corrective actions taken or bring taken to resolve past and present performance problems, as well as presenting the systemic improvement management approach to be used during execution of the proposed contract. An offeror’s past and present performance is not presumed to be

4



perfect. Rather, the successful offeror will have demonstrated the ability to isolate past and present problems down to a root cause and to take systemic improvement management actions to resolve the root cause of the problems.

L-8 CONTENT OF PROPOSAL

I. FORMAT

(a) Offeror shall submit separate hard copy Technical, Past Performance, and Price Proposal. The proposals shall be submitted in three separate Volumes I, II, and III respectively. Volume I, Technical Proposal, shall consist of 3 sections (Engineering, Management, and Logistics).

(b) Price information shall appear only in the Price Proposal. The offeror shall submit a complete, executed solicitation document (Standard Form 33). One original and one copy of the entire solicitation package shall be provided. Identify the program and how to use it.

(c) The page limit and number of copies for volumes and sections are indicated below:

Volume Title Page Limit No. Copies

I * Technical Volume 60 ** 5II Past Performance Volume As Required 5III Price Volume As Required

* Submit 1 soft copy of the technical proposal (text only) using PC-based MS Word 97 or later on a CD ROM - (submit with copies of the technical proposal). Soft copy graphics are not required.

** Total of pages in the three technical proposal sections (engineering, management, and logistics). Indices, lists of acronyms, resumes to be submitted with Management Section, Program Schedules, or other pages identified herein are not included in the page limit.

(d) Each Section of Volume I (engineering, management, logistics), Volume II and Volume III shall be separately bound.

(e) Each Section of Volume I shall contain a Table of Contents with reference to paragraphs/subparagraphs number, title, and page number of the offeror's proposed coverage. These Tables of Contents are not included in the page count. The page limit shown for the Technical proposal is a limit, not a goal, and shall include all appendices. Proposals exceeding the limit will not be evaluated.

(f) Technical Proposals must be prepared in accordance with the instructions and format given herein, and shall address only the elements identified in this paragraph under "TECHNICAL PROPOSAL CONTENTS." Cross-reference matrices to Statement of Work or Specifications are not required. Technical Proposal must be complete, clear and legible in all respects without a need for additional explanation or information and must clearly demonstrate that the Offeror has a thorough understanding of the requirement and the inherent problems, and has a valid practical solution for such problems. Offeror's statements that he understands can or will comply with the requirements, and statements paraphrasing the

5



requirements are unsatisfactory. Offeror shall not reference applicable proposal material previously submitted to the government.

(g) Clarity and completeness of the technical proposal are of the utmost importance. Technical proposal must be legibly printed using a font or type no smaller than 10 point in single-spaced format, on one side only of standard 8 1/2 x 11 inch paper to the following margins; top and bottom = one inch; left = one inch; right = three quarters inch. Fold-out pages shall not be used solely to circumvent page count restrictions, but may be used for graphs, charts, tables, figures, and drawings. Fold-out pages shall count as one page, and must fold to a size 8 1/2 x 11 inches. Footnotes to the text shall not be used. Table and figures may be single spaced, and may contain footnotes. Tabs or dividers will not be included in the page count. Page numbers shall be placed in the middle of the page, one-half inch from the bottom. Paragraphs shall be numbered and titled. The paragraph title shall be underlined. Photographic reduction may be used only for tables and figures. Legibility of such reduced material must be maintained. Offerors are cautioned that the Government will make no attempt to improve copy quality or legibility of proposals. The Government's intent in specifying a detailed format is to standardize the content and clarity of the proposal and is not intended to limit Offerors' resourcefulness and initiative in responding to this solicitation.

(h) The ability of the Offeror to select and present the primary considerations such that they are not obscured by lesser considerations will be indicative of his ability to perform problem identification and ranking of similar quality in the execution of a contract.

(i) Each Offeror's response to the solicitation should reflect in detail the method, personnel, process and/or aspects or elements he anticipates will be involved in his performance of the tasks called for by their requirement. The degree for such detail and the depth of the Offeror's analysis will be important factors affecting the Government's judgment as to the Offeror's comprehension of the effort to be performed. However, only relevant material should be included.

(j) In presenting the material in this proposal, the Offeror shall follow the general rule that quality of information is significantly more important than quantity.

(k) The proposal shall contain all pertinent information in sufficient detail to permit evaluation without further discussion.

(l) In the event any portion of the proposal is not written by bonafide employees of the firm submitting the proposal, a certification to this effect will be attached to Volume I of the proposal and signed by a responsible Officer of the Offeror, showing names, employment capacity, the name and relationship of that person or firm to the Offeror and the portion of the proposal so written.

(m) Any methodology judged by the Offeror to be unique and innovative shall be identified and expounded. Provide sufficient detail to adequately identify the innovation; do not assume that the Government has prior knowledge of the methodology.

II. TECHNICAL PROPOSAL (Volume I)

THE TECHNICAL PROPOSAL MUST BE SUBMITTED IN THE FOLLOWING FORMAT

The Technical Proposal must clearly relate all responses to the required elements of the proposal to the subject UUTs and clearly demonstrate a thorough understanding of the strategies and methodologies involved with creating test program sets.

ENGINEERING

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(a) OTPS Grouping Approach

1. Discuss the technical approach, including trade-offs, in forming OTPS groups. If more than ten (10) Shop Replaceable Assemblies (SRAs) on a single Interface Device (ID), provide the rationale. If SRAs are identified as “tested as a Weapon Replaceable Assembly (WRA)” provide rationale; if grouping more than five (5) WRAs on a single ID

2. Assign, in tabular format, each UUT to an Operational Test Program Set (OTPS) group.3. Identify, in a tabular format, which CASS configuration, CASS assets and CASS

ancillary will be used to test the subject UUTs. Identify the technical and economic benefits of using CASS ancillary verses adding additional hardware and software to the OTPS.

4. Provide the rationale and explain the advantages of the determinations made in paragraph (a) 3.

Although it is desirable that a TPS can be executed on more than one CASS configuration, this shall not be accomplished at the expense of increasing the number of OTPHs required or OTPH complexity.

(b) Test Methods

1. Discuss the test methods employed to detect and isolate faults in the UUTs, and detail how the method meets or exceeds all fault detection and isolation requirements.

2. Discuss the methods to be use to ensure that the CASS TPSs meet or exceed the performance characteristics of the legacy TPS. (Not required for a non-offload TPS)

3. Discuss all innovative test methods, software/hardware work-arounds and the advantage for their use.

4. Identify UUTs, in a tabular format, that will be tested utilizing BIT, and explain to what extend BIT will be used for effective and efficient UUT fault detection/isolation.

5. Identify the use of any digital/analog simulators or software tools and the affected UUTs.6. Discuss the advantage and rationale for the selection of the UUTs and simulators or software

tools.7. What methods will be used to ensure that all OTPH wiring is tested (i.e. supply sense lines)?

(c) OTPH Electrical Requirements/OTPH Mechanical Design

1. Describe, in a tabular format, the OTPH circuitry for testing each UUT.2. Provide the rationale in determining the OTPH electrical circuitry required for each

OTPS.3. Discuss the techniques and innovative approaches used to minimize OTPH complexity.4. Describe all OTPS hardware and how the Offeror plans to meet the mechanical

requirements of Attachment 2.5. Describe any special test equipment or special electrical/mechanical features necessary

for testing the UUTs on CASS.6. Discuss the rationale for the special equipment or features and the advantage of their use.

(d) Fault Insertion during Integration

Contractor shall provide a table similar to table in Attachment 1, Appendix A that includes a column identifying the number of UUT faults the contractor intends to insert during the integration process.

MANAGEMENT

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(a) Corporate Experience

The Offeror must have a minimum of five (5) years corporate experience in ATE or TPS design/development within the last ten (10) years (corporate experience requirement does not apply to subcontractors). Corporate experience may be established by multiple TPS development programs (i.e., if one development program lasted 24 months and another development program lasted 36 months, the 60 month requirement will have been met (regardless of whether the programs were conducted consecutively or concurrently). TPS development experience gained through service contracts where no OTPS deliverables were required will not take the place of required corporate experience in actual TPS development.

Offerors shall submit, in a tabular format, the following information as part of their proposal for both the Offeror and proposed major subcontractors:

1. A list of the last five (5) contracts and subcontracts completed during the past ten (10) years and all contracts currently in-place for like and similar items under this RFP. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial customers. If the effort was performed as a subcontractor, provide the information listed below for the prime contractor with the exception of subparagraph (g). Information for (h) shall be the specific effort performed as subcontractor on the referenced contract. Include the following information for each contract and subcontract:(a) Name of Contracting Activity(b) Contract Number(c) Award Date(d) Contract Duration(e) Contract Type(f) Total Contract Value (identify initial award and final value separately)(g) Identify delivery date at time of award and actual delivery date(h) Description of Contract Work to include:

_ Name of ATE developed or used (indicate)_ Number of OTPSs_ Software language_ UUT number (WRAs/SRAs)_ UUT Complexity_ Number of production units for ATE and OTPS_ Names of Logistics elements developed

(i) Contracting Officer and telephone number(j) Customer Program Manager and telephone number(k) Administrative Contracting Officer (if different from (i) above)(l) List of Major Subcontractors

2. The Offeror may provide information on problems encountered on the contracts and subcontracts identified, and may provide corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.

(b) Project Description

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1. Explain approach for OTPS development and describe the project structure proposed for use in performance of resultant contract. Describe the specific tasks/roles of subcontractors if proposed.

2. Identify specific functional organizational groups, including subcontractors*, and describe their responsibilities and how these groups will interface with each other and at what levels.

* NOTE: Subcontractors shall include those firms involved in activities such as design, development and production of unique hardware or software, but not those firms performing routine shop work or providing off-the-shelf items and materials.

(c) Program Schedule

1. Submit an Integrated Master Schedule (IMS) in sufficient detail to provide insight into Offeror's overall planned TPS development activities. The Schedule shall include a detailed Engineering and ILS Schedule depicting significant Engineering and ILS events including events and internal milestones during the Integration period and each CDRL deliverable. The Schedule shall also identify each design phase and each program phase or event for which performance-based payments may be requested and shall be consistent with the Integrated Master Plan (IMP).

2. The IMS shall also identify the total number of stations required, by configuration, for integration as well as total stations required for Pilot Production Acceptance Testing (PPAT) and Production Acceptance Testing.

3. Provide a separate schedule that identifies only the duration of each design phase, integration, PPAT, Government Testing (estimated duration based on OTPS complexity), and production acceptance testing separately for each of the OTPSs. Also include production deliveries for each OTPS.

(d) Program Plan

1. The offeror shall provide an Integrated Master Plan (IMP) depicting the requirements of the solicitation within the proposed price and schedule. The IMP shall be consistent with the WBS, which is proposed in the Price Volume. The detailed IMP shall identify the key program events and their corresponding exit criteria that will be used as a basis for Performance Based Payments. The offeror shall provide a table as depicted below:

SAMPLE IMP MATRIX CLIN Event Exit Criteria Performance Based Payment (% of CLIN)

This table will be incorporated into the contract of the successful offeror. NOTE: This same table shall be contained in the Price Proposal; however, an additional column shall be added showing the dollar value of each Performance Based Payment.

(e) Key Personnel

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1. Identify the Program Manager, OTPS Engineering Manager(s), Hardware Manager, ILS Manager, Production Manager, and the roles and responsibilities of each position.

2. Provide resumes that describe their education, experience, employment history with dates, position title, and primary responsibilities, and specific accomplishments on similar projects that make them uniquely qualified for their positions in the program.

3. Describe how this team has complimentary skills to accomplish program objectives.4. Provide the same information required by (1), (2), and (3) for Key Subcontractor Personnel.5. For any resume of an individual not currently employed by the contractor or subcontractor, a

letter of commitment to work for the contractor/subcontractor shall be furnished and must be signed by the individual proposed.

*NOTE: Solicitation Provision G3 limits substitution of personnel.

(f) Government Furnished Data/Equipment

1. Provide analysis results for completeness and accuracy of UUT data supplied with the solicitation.

2. Discuss approach for resolving problems associated with missing, incomplete, or inaccurate UUT data in the Technical Documentation provided. Discuss approach for resolving problems associated with CASS station data.

3. Discuss approach for maintenance of GFE assets. If use of any government activity is anticipated in the maintenance of UUTs, identify the activity and its point of contact. Also, provide a description of maintenance agreements.

4. Identify the subcontractor(s) if GFE maintenance will be subcontracted.5. Provide results of an analysis to determine UUT maintenance costs and provide detailed

supporting data depicting budgeted UUT maintenance costs.

NOTE: THE DATA PROVIDED (IDENTIFIED AS GFE IN THIS SOLICITATION), IS ALL OF THE GOVERNMENT DATA AVAILABLE AT THE TIME OF SOLICITATION RELEASE. THERE ARE NO PROMISES THAT ADDTITIONAL DATA WILL BE MADE AVAILABLE.

(g) Facilities

1. Describe in detail facilities (including any subcontractor facilities) that will be used in the performance of any resultant contract. Facility description shall demonstrate the capability to design, develop, fabricate, and manufacture all hardware and software products required to meet the solicitation requirements.

2. Describe plans for any facility requirements that are not presently available. The description shall include data on dates/schedules for acquiring these facilities and/or equipment, such as a VAX or other software/hardware program requirements.

(h) Program Risk Assessment and Mitigation Plan

The offeror shall provide a Program Risk Assessment & Mitigation Plan. For the areas listed below and four additional areas considered by the offeror to be significant risk that could introduce program delays or otherwise impede the accomplishment of program goals and requirements, provide a mitigation plan. These risk areas are:

Staffing GFE maintenance Data inaccuracies and deficiencies

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Late GFE Process Control Financial Management

In the plan for each risk, discuss methods to be used to mitigate risks and describe any alternate methods of achieving program goals/requirements while adhering to crucial milestones. Each risk shall be categorized as follows:

LOW Has little or no potential disruption of schedule, increase in price, or degradation of performance. Normal contractor effort will probably be able to overcome difficulties encountered.

MEDIUM Can potentially cause some disruption of schedule, increase in Price, or degradation of performance. However, special contractor emphasis will probably be able to overcome difficulties encountered.

HIGH Likely to cause significant serious disruption of schedule, increase in Price, or degradation of performance even with special contractor emphasis.

(i) Software Engineering Capability

Demonstrate that all team members who are responsible for software development will have a Software Engineering Institute (SEI) Capability Maturity Model for Software (SW-CMM) Level 3 or DOD approved equivalent certification for this program. If a this certification was not obtained or cannot be demonstrated, provide a Risk Mitigation Plan to account for the risk associated with a software capability of less than SEI SW-CMM Level 3 or equivalent. As a minimum provide a schedule that describes how the weaknesses that have prevented level 3 certification will be removed. Describe the software engineering capability and process for your organization and/or your subcontractors and/or team members who are responsible for software development. Ensure you address the following areas:

1. Identify the agency/company that performed the Software Capability Evaluation and provide a point of contact’s name, telephone number, and e-mail address.

2. Identify the date that the certification was obtained. 3. Identify the projects being performed at the level of certification and demonstrate the

degree of relevancy that those projects have to those of the solicitation. 4. Identify any Software Capability Evaluations that were used to certify your software

organizations to their current level in sufficient detail to allow the Government to reuse them if it considers that appropriate.

5. Detail the quality assurance processes/procedures and the methodology to be used for identifying and tracking software defects.

6. Identify roles and responsibilities of the individual members of the Software Development team. Include background information such as education, project experience, and past roles or positions on projects of similar size and scope.

(j) Quality / ISO 9001

1. Offerors shall propose a quality system that ensures conformance to contractual requirements and meets the requirements of ISO-9001, or an equivalent quality system model. Identify if your organization (including subcontractors and/or team members) have been certified to meet the ISO-9001. Indicate what organization performed the

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certification and when that occurred. Identify any follow-up or re-certifications that have taken place since the initial certification.

2. If not certified to meet ISO-9001, describe the quality assurance system in use. Identify its basis (MIL-I-45208, MIL-Q-9858, etc.) or other certifications received. Offerors shall:

(i) Describe the proposed quality system, explaining how it will be applied to manage program risk, and specifically addressing (as a minimum) the quality system’s role in design and development (with particular emphasis on addressing key product characteristics), manufacturing planning, and key program events. Identify the extent to which the proposed system is in use, and its historical results.(ii) Provide a relational matrix comparing, in detail, the proposed quality system with each of the 20 elements of ISO-9001. Any differences between the elements of the offeror’s proposed quality system and ISO-9001 should be explained in detail including the use of advance quality practices.

INTEGRATED LOGISTICS SUPPORT

(a) ILS Schedule

Provide the Program Schedule, as provided in the Management Section (do not only reference the schedule provided in the management section). Address methods to mitigate risk and control the schedule.

(b) Supportability Analysis Approach

1. Describe what software will be used, and how the LSA tasks will be performed along with interfaces with other disciplines to ensure the Logistics Integrated Information (LMI) database is current and reflective of program status at all times.

2. Describe the Interim Support Item List (ISIL) and provisioning data that will be provided for repairables.

3. Describe the data Logistics Control Number (LCN) structure, list suggested Source, Maintenance & Recoverability (SM&R) codes and list any significant repairable items.

(c) Simplicity of Design and Safety Features

1. Describe how the design minimizes hardware requirements and the need for external support equipment. If external equipment is required, describe the equipment and rationale for its necessity.

2. How, and to what extent, does the design increase reliability, maintainability, and reduce support requirements?

3. What OTPS safety features reduce or eliminate hazards to personnel.

(d) Technical Manual Requirements

Describe the process the developer will use to create the Technical Manuals (TMs) and Test Program Instructions (TPIs) and provide them on CD-R.

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(e) Performance Based Logistics (PBL) Plan

NOTE: This is not an evaluation element. Any contract for Performance Based Logistics Support shall be separate from this contract.

The Contractor shall provide a plan to delineate his approach to contractor logistics support after Material Support Date (MSD), including post-production support. The plan shall include provisioning, stocking, repair, storage and shipment of ready for issue (RFI) equipment directly to the user upon demand while meeting and maintaining performance requirements for availability and reliability. The Contractor shall also include the following:

1. Approach to identify and maintain configuration of changes, such as firmware, to instruments and other configuration items

2. Provisions for technology insertion

3. Strategy to handle parts obsolescence

4. Provide proposed Plan of Action and Milestones (POA&M) for implementation

5. Provide Exit Plan from PBL to organic support. If, after a PBL contract were let, it was de-cided by either party to end the agreement, how would the contractor make the smooth transition to organic support?

III. PAST PERFORMANCE PROPOSAL (Volume II)

(a) Past Performance Specific information provided shall include a summary of recent relevant contracts, which appropriately supports past and present positive performance, or correction of past or present performance problems. For each relevant contract, the offeror shall provide:

(1) Relevant contract data:

(i) Title of contract(ii) Procuring agency(iii) Description of product or service(iv) Contract number and type(v) Period of performance (vi) Dollar value of contract(vii) Principal Contracting Officer (PCO), Administrative Contracting Officer and Government Program manager (name, address, phone number).

(2) Relevancy. Describe the relevancy of the past or present contract to this proposed contract. Relevancy discussions could include end item comparisons with respect to use or complexity, continuity of key management and technical personnel and continuity of teaming arrangements and subcontractors.

(3) In a synopsis of relevant contract performance, the offeror should address, in each of the following areas, not only successful contract results but more importantly, those controls and systemic improvements now in place to resolve previous or present problems, to ensure that such problems do not affect future performance on the proposed contract. Identify the records of such results and deficiencies that are documented in government record systems.

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(i) Product quality. Provide a synopsis of quality of products delivered. This synopsis could include the first test acceptance rate, number of deficiencies discovered after acceptance as a percentage of quantity of product delivered, etc. Discuss the systemic improvement instituted or actions taken to rectify these problems.

(ii) Product performance. Describe performance that exceeded or did not meet required specifications, with particular emphasis on reliability and maintainability. Include the reasons why specifications were not met and systemic improvement actions taken to prevent further occurrences. Where performance exceeded specifications, identify the actions taken and their application to this contract.(iii) Delivery schedule performance. Provide a synopsis of the percentage of time that the products were delivered on time, or later. Where schedules were modified from the original schedule, discuss the reasons for the change and the delivery performance against this modified schedule. For those delivered late, describe how late in time they were delivered; the reason deliveries were late; and the systemic improvement actions taken to correct the delivery problem.

(iv) Cost/Price performance. Provide the contract cost/price and those internal controls that ensured the offeror did not exceed the cost/price. If costs were exceeded or prices were adjusted, provide the reasons and state the systemic improvement actions taken and current controls now in-place to prevent future recurrences.

(b) Systemic Improvement. Describe how this contract will benefit by the offeror's systemic improvement approach to supply quality products and make continuous improvement to the critical processes of the organization (and key suppliers). The offeror shall describe those techniques, elements, and tools (herein afterwards referred to as techniques) that are used or plan to be used for this contract. Examples of such techniques (not to be construed as required or inclusive) include statistical process control, multifunctional teams, use of NAVSO P-6071, "Best Practices" and DoD 4245.7M, "Templates" etc. When relevant experience in the use of these techniques exists, this experience should be cited along with an assessment of their effectiveness in preventing or resolving past or present performance problems.

IV. PRICE PROPOSAL (Volume III)

Price information shall appear only in the Price Proposal. The offeror shall provide separate price information containing prices for each and every line item as designated in the solicitation. The offeror shall ensure that all certifications and representations within Section K of the solicitation have been accurately completed. The offeror shall ensure identification of the offered unit, if an existing unit is being proposed (i.e., model number of the unit and/or components, and statement of offered equipment. Submit Original, and 1 hard copy and 1 soft copy of the price proposal.

(NOTE: SECTION B OF THE SOLICITATION MUST ALSO BE COMPLETED AND SUBMITTED IN HARD COPY).

The Price Proposal, including soft copy, shall be sent only to the address shown in Block 7 of the SF-33 (Page 1 of the solicitation).

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SECTION M Evaluation Factors for Award`

SECTION M - EVALUATION FACTORS FOR AWARDS

M-1 SINGLE AWARD FOR ALL ITEMS (JAN 1992) (NAVSUP)

Due to the interrelationship of the supplies and services to be provided hereunder, the Government reserves the right to make a single award to the Offeror whose offer is considered in the best interest of the Government, price and other factors considered.

M-2 GREATEST VALUE EVALUATION

The contract resulting from this solicitation will be awarded to that responsible Offeror whose offer, conforming to the solicitation, is determined most advantageous to the Government, cost/price and other factors considered. The Offeror's proposal shall be in the form by this solicitation and shall contain a response to each of the areas identified in Section L that affects the evaluation factors for award.

Evaluation of an Offeror’s proposal will be based on the information presented in the written proposal along with input obtained from outside sources relevant to the past performance. Proposals which are unrealistic in terms of technical, or schedule commitments may be deemed to be reflective of an inherent lack of technical competence, or indicative of a failure to comprehend the complexity and risks of the proposed work and may be grounds for rejection of the proposal. Significant deficiencies or lack of responses to factors or subfactors may be used as a basis for elimination a proposal from further consideration. Additionally, the rating of any performance risk factor or sub-factor as High Risk may also be used as a basis for eliminating a proposal from further consideration.

The Offerors proposal will be evaluated for responsibility, reasonableness, completeness, and responsiveness to the solicitation. An evaluation will be made to determine whether the offeror’s methods and approach in meeting the requirements provide the Government with a high level of confidence to ensure successful performance by assigning an overall risk rating. In addition, each factor/subfactor/sub-subfactor will be evaluated and assigned a rating and/or risk assessment.

Past Performance problems not addressed by the offeror will be considered to still be in existence. The Government may also use information other than that provided by the offeror in its evaluation.

For the purpose of the evaluation, the Technical and Past Performance Factors are of equal importance. These Factors individually are more important than the Price factor and in combination are significantly more important than Price.

EVALUATION FACTORS

Proposals submitted under this solicitation will be evaluated as follows:

Factor I - Technical

Within the evaluation factors of the Technical Proposal, the ratio of importance for each section (Engineering, Management, and Integrated Logistic Support) is in descending order of importance, with engineering being the most important. The ratio of importance for the subfactors under each is equal. The Offeror's Technical Proposal will be evaluated in the following areas:

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1. Engineering

a) OTPS Grouping Approachb) Test Methodsc) OTPH Electrical Requirements/OTPH Mechanical Design(d) Fault Insertion during Integration

2. Management

(a) Corporate Experience (b) Project Description(c) Program Schedule (d) Program Plan(e) Key Personnel(f) Government Furnished Data/Equipment(g) Facilities(h) Program Risk Assessment and Mitigation(i) Software Engineering Capability(j) Quality/ISO 9001

3. Integrated Logistics Support (ILS)

(a) ILS Schedule(b) Supportability Approach(c) Simplicity of Design and Safety Features(d) Technical Manual Requirements

Factor II - Past Performance

The Government will evaluate the offeror’s relevant Past Performance with Test Program Sets. The offeror’s demonstrated past performance in delivering quality products, meeting technical requirements and adhering to schedules also will be evaluated. Problems on previous programs should be addressed. Past performance problems not addressed by the offeror will be considered still to exist. Information, including that relating to problems, other than addressed by the offeror may be used in the Government’s evaluation of past performance. The degree to which the offeror’s management has opted and applied the principles and techniques of continuous systemic improvement managing the offerors total business will be evaluated.

The evaluation will include an assessment of past and present performance by review of data presented by the offeror. Additionally, the evaluation may include assessment of data in exist-ing government databases, data from cognizant procuring and contract administration offices, data from on-site surveys and by contacting other customers of the offerors to obtain feedback regarding the timeliness and quality of past performance.

Factor III - Price

Although price is the least important evaluation factor, it will not be ignored. The degree of importance of the price will increase with the degree of equality of the proposals in relation to the

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other factors on which selection is to be based, or when the cost is so significantly high as to diminish the value of the technical superiority to the Government.

SUMMARY

The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Offeror's best terms from a cost or price and technical standpoint. However, if considered necessary by the contracting officer, discussions will be conducted with only those Offerors determined to have a reasonable chance for award.

The Government reserves the right to make an award to other than the lowest priced Offeror or to the Offeror with the highest technical score if the Contracting Officer determines that to do so would result in the greatest value to the Government.

Technical and Past Performance factors are of equal importance. The technical subfactors of Engineering, Management, and Integrated Logistics Support are listed in descending order of importance. The Past Performance subfactors of Customer Satisfaction, Timeliness of Performance, Quality of Product and Processes, and Business Relationship are all of equal importance. Both Technical and Past Performance are individually more important and Price and in combination are significantly more important than price.

Price is significantly less important than Technical and Past Performance factors combined, however, it is an important factor and should not be ignored. The degree of its importance will increase with the degree of equality of the proposals in relation to the other factors on which selection is based.

The Government will collect information from references provided by the offeror in regard to its past performance. The Government may contact references other than those identified by the offeror, and the information received will be used in the evaluation of the offeror’s past performance.

The offeror must provide the information requested for the Corporate Experience subfactor evaluation, or affirmatively state that it has not had experience with the development and production of Test Program Sets. Firms lacking relevant experience shall be rated as high risk for experience.

The Government may award a contract on the basis if initial offers received, without discussions. Therefore, each initial offer should contain the offeror’s best terms from a price and technical standpoint. However, if considered necessary by the contracting officer, discussions will be conducted with only those offeror determined to have a reasonable chance of award.

The Government may determine that an offer is rejected if the prices proposed are materially unbalanced between the line items or sub line items. An offer is materially unbalanced when it is based on prices significantly understated for some items an overstated in relation to the price for other items.

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