SECTION C -
DESCRIPTIONS AND SPECIFICATIONS
STATEMENT OF WORK
Scope:
The contractor shall provide professional support
services to the Naval Sea Systems Command, its related Program Executive
Offices and field activities through all phases of ship and weapon system life
cycle – technology development, concept exploration, design, specification
development, construction/production, test and evaluation, certification,
operation, maintenance, improvement/modernization, overhaul and refueling,
salvage and disposal. The contractor shall provide this support for Battle
Force units, including but not limited to ships, submarines, boats, crafts,
shore facilities, systems and equipment of U.S. Navy, Foreign Military Sales
(FMS), other DOD/Civilian agencies, and other participating navies.
The scope of this contract also includes professional
support services to assist in the development, review and execution of search
and salvage, diving, underwater ship husbandry, and pollution control program
areas. The Statement of Work (SOW) is designed to include all aspects of
professional support services required by NAVSEA, its related PEOs and field
affiliates. Nothing in this statement of work is intended to or will be used to
procure any services, which are inherently governmental or personal services.
The type and level of detail of support will vary
depending upon the program requirements, phase of the program and the scope of
the task order.
Objective: The objective of this vehicle is to provide
government managers with high quality services in a timely manner for a
reasonable price maximizing innovation and cost reduction initiatives. It is
the intent of this vehicle from a macro level to reduce the total ownership
cost of performing professional support services.
ITEM 0001, OPTION ITEM 0004 and OPTION ITEM 0007 - The
contractor shall provide professional support services in accordance with
orders placed under this line item. These services shall be ordered under Cost
plus Fixed Fee Level of Effort task orders. Tasks shall be issued to support
efforts that may be included in, but are not limited to, the functional areas
listed below.
ITEM 0002, OPTION ITEM 0005 and OPTION ITEM 0008 – The
contractor shall provide professional support services in accordance with
orders placed under this line item. These services shall include a firm fixed
price for all direct and indirect costs as well as profit to complete the
effort except the other direct costs ordered under item 0003, Option Item 0006
or Option Item 0009. Tasks shall be issued under efforts that may be included
in, but are not limited to, the functional areas listed below.
ITEM 0003, OPTION ITEM 0006 AND OPTION ITEM 0009- The
contractor shall provide the other direct cost items required to perform effort
under Items 0001 and Option Items 0004 and 0007. These items may include but
are not limited to travel, facilities, incidental supplies, mailing/packaging
costs. All items must be direct charges to the task order in accordance with
the Contractor’s accounting system. Only those costs considered allowable,
allocable and reasonable as other direct costs by the cognizant Defense
Contract Audit Agency auditor will be paid.
FUNCTIONAL AREAS:
PROGRAM MANAGEMENT
1. Draft, analyze, integrate, review and provide recommendations
for Milestone and other documentation in accordance with Government, DOD and
Service regulations
2. Evaluate issues and provide recommendations related to
ship, submarine, information system, or weapon system cost, schedule, and
performance
3. Gather information, identify issues and provide
recommendations and draft documentation to achieve overall goals for weapon
system strategic planning
4. Recommend resolution of issues for milestone decisions
5. Provide programming, planning and budgeting management
6. Provide information and recommendations to respond to
Congressional, DOD, other
Government agency, media or industry inquiries, and
audits and for Congressional testimony
7. Analyze, evaluate and provide recommendations for the
planning, development, monitoring and execution of procurement and contractual
documentation and field activity performance
8. Facilitate IPTs, special advisory boards, off-sites,
working groups, audit teams etc.
9. Analyze, evaluate and prepare program briefs, reports
and correspondence
10. Review, analyze and provide recommendations to
utilize new initiatives and best practices to improve areas within program
management
11. Prepare and maintain program documentation
12. Analyze, evaluate and provide recommendations for the
management of FMS, International, DEA, Joint and Tri-service, etc. programs
13. Provide inputs to independent cost estimates (for
life cycle costs or other activities)
14. Prepare estimates at completion (EAC) for work
conducted by a government activity or a contractor
15. Analyze contractor proposals as permitted by law and
regulation
16. Provide recommendations on cost realism
17. Conduct cost/performance trade off studies
18. Perform contract earned value management system
(EVMS) analyses
19. Analyze, evaluate and provide recommendations for
Total Ownership Cost (TOC), CAIV and LCC evaluations and associated management
plans
20. Perform tradeoff studies and risk assessments
21. Provide program support for reviews, conferences,
briefings and other meetings
22. Conduct surveys and analyze results
23. Draft program schedules and Gantt charts and perform
critical path analysis
24. Integrate (ESH) Environmental, Safety and Health
requirements with the DOD acquisition process
25. Review, track, and evaluate contract deliverables
26. Provide waterfront liaison
27. Provide design oversight including configuration and
data management
28. Review, assess and monitor production reports and
recommend resolution to production problems
29. Draft, analyze, review and provide recommendations on
test and evaluation program planning, provide installation, testing, execution
documentation and checkout support of ship and weapons systems and participate
in tests and trials
30. Provide recommendations and initiatives for Command
Improvements to reduce overall costs, including but not limited to Business
Case Analysis, cost benefit analysis, e-business solutions
ENGINEERING
1. Perform, review and/or analyze feasibility, rough
order of magnitude, and concept studies
2. Perform and/or provide recommendations to ship and
weapon system design reviews, including naval architecture in the context of a
total ship engineering approach (both platform and weapon system) including but
not limited to integration of combat systems and C4ISR interfaces, requirements
traceability measures of effectiveness, insertion of new technology, and
analyses of construction and support costs
3. Perform and/or provide reviews, analysis, studies,
documentation and recommendations for systems engineering design and/or naval
architecture through all phases of a ship and weapons system life cycle
including technology development, demonstrations, prototype development and
test and evaluation
4. Review, analyze and make recommendations for the
development of Mission Needs Statement (MNS), Technical Evaluation Master Plan
(TEMP), Operational Requirements Document (ORD), Circular of Requirements
(COR), technical documentation and general specifications
5. Develop input to ship and weapon systems
specifications and contracts
6. Provide Computer Aided Design/Computer Aided
Engineering
7. Develop/maintain engineering plans, program records,
design histories, design configurations, databases and other documentation
8. Perform and participate in modeling, engineering
development, prototype, pre-production and simulation development and analyses
9. Identify and resolve weapon system test and evaluation
issues
10. Draft, analyze, review and provide recommendations on
test and evaluation program planning, provide installation, testing, execution
documentation and checkout support of ship and weapons systems and participate
in tests and trials
11. Perform and make recommendations on technical,
performance, producibility, life cycle, risk, ROI,
etc. and tradeoff studies and assessments
12. Provide recommendations to utilize new initiatives,
new technologies and best practices to incorporate new engineering developments
into ship and weapon systems
13. Provide technical support for evolving science and
technology projects into advanced technology development
14. Independently assess maturity of advanced technology
developments and recommend actions to transition into engineering development
15. Conduct systems integration analyses including Human
Systems Integration (HSI) engineering
16. Identify and recommend solutions to quality assurance
issues
17. Conduct reliability, maintainability, availability,
hazard, safety, and risk analyses and reviews
18. Conduct ship/system check and recommend solutions for
ship/system problems
19. Develop, review and provide recommendations on total
ship and ship system specification and design certification requirements
20. Provide recommendations for resolution of emergent
technical issues
21. Facilitate IPTs, special advisory boards, off-sites,
working groups, audit teams, etc.
22. Develop/review and provide recommendations for
engineering change proposals (ECPs), Justification Cost Forms (JCFs), Ship
Alterations (SHIPALTs), Ordnance Alterations (ORDALTs), etc.
23. Provide engineering analyses, recommendations and
documentation to IPTs, special advisory boards, off-sites, working groups,
audit teams, etc.
24. Conduct analyses, reviews, assessments, provide
recommendations and prepare documentation for systems safety; occupational
safety and health, and environmental protection including Environmental
Assessments (EAs), environmental impact statements, Overseas Environmental
Assessments (OEAs), Programmatic Environmental Safety and Health Evaluations
(PESHEs), Weapons System Explosive Safety Review Board (WSESRB) and the
National Environmental Policy Act (NEPA)
25. Perform interoperability and interface studies and
recommend solutions. Document the proposed process and develop testing
procedures to confirm results
26. Assist in the Small Business Innovative Research
(SBIR), Manufacturing Technology (MANTECH) and Future Naval Capabilities (FNC)
processes
27. Provide systems engineering analysis, reviews,
studies, documentation and recommendations related to the development,
interoperability, integration analysis, operations, sustainment and disposal of
Battle Force units, interface between units, systems, subsystems and equipment
28. Perform COTS analysis in the systems engineering
process
29. Provide technical analysis, reviews, studies,
documentation and recommendations for the development of training materials and
of operational doctrine and techniques
30. Provide support in the development, analysis, testing
and certification of materials and their application
31. Develop, review, analyze and document engineering
processes, associated metrics and provide recommendations to improve those
processes
32. Prepare, review and provide recommendations on ship,
systems and equipment drawings
33. Analyze, develop, review, document and provide
recommendations on performance assessments against evolving threats in various
environments
34. Analyze, develop, review, evaluate and provide
recommendations for approaches to ship and battle force global connectivity
35. Provide engineering management to include
configuration management, design budget development and monitoring, and
technical logistics interface
36. Provide information and recommendations to respond to
Congressional, DOD, other Government agency, media or industry inquiries, and
audits and for Congressional Testimony
37. Provide recommendations and initiatives for Command
Improvements to reduce overall costs, including but not limited to Business
Case Analysis, cost benefit analysis, e-business solutions
LOGISTICS
MANAGEMENT (This includes ILS Management, Maintenance, Supply Support,
Technical Design Interface, Training, Facilities, Computer Resources, Support
and Test Equipment, Packaging, Handling, Storage and Transportation, Technical
Data and Manpower and Personnel)
1. Draft and recommend technical ILS requirements in
shipbuilding, systems development, systems production and modernization for the
life cycle of the program
2. Analyze and recommend logistics element processes
(e.g. configuration management process, support and sparing process)
3. Conduct ILS risk assessments
4. Develop logistics support plans and planning
documentation (e.g. the ILS portions of the Master Acquisition Program Plan
(MAPP), the ILS portion of the Mission Needs Statements (MNS),, the ILS portion
of the operational Requirements Document (ORD), ILS portion of the Test and
Evaluation Master Plan (TEMP), Supply Support Plan (SSP), Commercial Off the
Shelf (COTS) Management Plan, Technology Insertion Plan etc.)
5. Develop Integrated Logistics Support (ILS) Schedules
and track ILS performance
6. Develop performance measurements/metrics
7. Provide subject matter technical expertise for
meetings, presentations, inquiries and action item resolution
8. Perform management analyzes of one or more logistics
elements and provide recommendations
9. Develop innovative/creative logistics solutions
10. Develop and draft maintenance plans including
milestones and schedules
11. Develop and draft and recommend overall maintenance
policies and procedures
12. Analyze and recommend maintenance concepts
13. Monitor, track and provide status of provisioning
process, the development of the Consolidated Shipboard Allowance List (COSAL),
and the procurement, receipt, and stowage aboard ship of repair parts,
equipage, and test equipment
14. Review and comment on maintenance requirements and
plans
15. Monitor track and provide status of all supply
support efforts
16. Recommend and/or validate requirements to acquire,
catalog, receive, store, transfer, issue and dispose of spares, repair parts,
and consumable items
17. Draft documentation for supply support efforts
18. Research and advise on
alternative logistics support sources and methodologies to acquire spares
within or outside the DOD supply system (e.g. Battle Spare Program)
19. Provide recommendations on the attributes and
alternatives for all types of support equipment (e.g. power requirements,
support system engineering, reliability, maintainability, environmental,
affordability, automated test equipment)
20. Review, evaluate, coordinate and provide recommendations
on support equipment program plans and documents
21. Review, evaluate, coordinate, provide recommendations
and plan the preservation, packaging, handling and transportation of ship,
submarine and combat system equipment and support items including rotatable
pools and major spare equipment
22. Evaluate and recommend resolution for shipboard
stowage, weight reduction, special handling, environmental, occupational safety
and health, location, security and other problems
23. Evaluate and make recommendations regarding Logistics
Applications of Automated Marking and Reading Symbols (LOGMATD)/Bar Coding
24. Monitor, track and provide status of equipment
required in the operation and maintenance of a system
25. Research, monitor and advise
NAVSEA AND RELATED PROGRAM EXECUTIVE OFFICES on the PHS&T best commercial
and international standards and practices
26. Develop best practices for supply support
27. Provide professional services identifying the
relationship of logistics related design parameters to readiness and support
resource requirements
28. Prepare risk assessments, analyses, metrics,
recommendations, and documents covering areas including but not limited to:
·
Reliability and Maintainability (R&M)
·
Standardization and Interchangeability (S&I)
·
Commonality and interoperability
·
Technology insertion
·
Corrosion Prevention
·
System Safety
·
Non-Destructive Inspection (NDI)
·
Human Systems Integration (HSI)
·
Transportability
·
Energy Management
·
HAZMAT
·
Quality Assurance (QA)
·
Configuration Management (CM)
·
Environmental, occupational safety and health
conditions and requirements
·
Disposal methods and cost
29. Prepare risk assessments, analyses, studies,
recommendations, documents and updates to documents associated with
configuration management
30. Prepare configuration control documentation
31. Analyze, report and recommend changes to the
appropriate databases to maintain interface capability to technical data for
interoperability and implementation to configuration management systems
including but not limited to:
·
Ship Configuration and Logistics Support
Information System (SCLSIS)
·
Configuration Data Manager Database – Open
Architecture (CDMD-OA)
·
Shipboard Non-tactical Automated Data Processing
(SNAP)
·
Weapons Systems File (WSF)
·
Fleet Modernization Program Management
Information System (FMPMIS)
·
Automated Shipboard Information System (ASIS)
·
Ship Alternation Management Information System
(SAMIS)
32. Analyze and provide recommendations for training
documentation (i.e. Technical manuals, Training Plans) for the Integrated
Logistics Elements and other logistics disciplines
33. Provide logistics training courses including
curriculum development, production of training materials, delivery of
instruction, student administration and record keeping
34. Recommend processes, procedures and techniques
required to acquire and support training, training devices and training
equipment
35. Facilitate IPTs, special advisory boards, off-sites,
working groups, audit teams, etc.
36. Provide recommendations with regard to property
management including the actions and planning required to identify and acquire
permanent, semi-permanent, or temporary real property assets
37. Evaluate impacts and conduct studies to define
facilities or facility improvements, locations, space needs, utilities,
environmental, occupational safety and health requirements, real estate
requirements and equipment
38. Analyze, make recommendations and report on
requirements determinations, programming, site surveys, project management
plans, facilities design and facility construction (e.g. Base Re-Alignment and
Closure, new facilities requirements, etc.).
39. Receive, transmit and analyze technical data in
manual and electronic or integrated digital/data environment
40. Maintain technical documentation
41. Draft, record, document and archive technical
information
42. Develop, draft and coordinate approvals of
instructions, handbooks, manuals, etc.
43. Review, analyze, validate and verify, and recommend
changes to technical documentation
44. Review, revise and recommend methods and rationale
that identify and justify military and civilian personnel with the skills and
grades required to operate and maintain ship systems and equipment
45. Provide information and recommendations to respond to
Congressional, DOD, other Government agency, media or industry inquiries, and
audits and for Congressional testimony
46. Provide waterfront liaison
47. Develop logistics inputs to Total Ownership Cost
studies and management plans including life cycle cost drivers and
supportability requirements
48. Develop acquisition requirements for ship and weapon
systems specifications and contracts
49. Provide recommendations and initiatives for Command
Improvements to reduce overall costs, including but not limited to Business
Case Analysis, cost benefit analysis, e-business solutions
FINANCIAL
MANAGEMENT
1. Review and prepare draft Program Objective Memorandum
(POM) documentation
2. Develop Impact Statements
3. Prepare briefing materials/issue papers/point papers/adhoc reports
4. Develop/prepare and review future year financial
program plans
5. Develop financial aspects of POA&Ms
6. Develop background information to justify financial
program requirement
7. Provide program analysis and evaluation reports in
support of the Navy programming process
8. Analyze financial information in program planning
documents and processes
9. Conduct financial analysis and financial risk analysis
identifying and evaluating financial risks and recommend management techniques
to mitigate risk exposure
10. Develop and prepare draft budget formulation
documentation and recommendations in support of the Navy, OSD and Congressional
Program and Budget processes
11. Draft budget exhibits
12. Draft spreadsheets, reports, and conduct analysis for
short and long-range budget requirements
13. Prepare and provide recommendations to justify and
defend budgets during all required annual and periodic budget submissions
14. Draft and provide recommended responses to
Congressional inquiries, Navy, DoD and other
government agency questions or requests for financial information
15. Prepare and amend spending plans and funding
documents to provide funding to other government activities and contractors
16. Prepare ledger reports, ledger tracking, maintenance
and support of specified financial management information systems and Standard
Accounting Reporting System (STARS) or any other official accounting program
tracking systems
17. Collect, monitor and analyze obligation/expenditure
information from the source (contractor or government activity) and official
and/or unofficial accounting records or systems
18. Prepare reprogramming requests and reclamas
19. Collect, analyze and recommend prioritization of unfunded
requirements
20. Draft/review/prepare back up information and
recommendations for financial presentations,
21. Resolve problem disbursements
22. Provide reconciliation for the unofficial
undistributed disbursements (UUDs) and negative unliquidated obligations with
the Standard Accounting Reporting System (STARS) and /or other accounting
systems
23. Provide documentation in support of reconciliation
and account closure including coordination with government and commercial
activities
24. Provide analyses of contractual financial execution
25. Track award fee and incentive fee commitments
26. Track and provide recommendations for execution of
the Navy financial systems such as the Navy Industrial Accounting and budgeting
systems
27. Facilitate financially related IPTs, special advisory
boards, off-sites, working groups, audit teams, etc.
28. Provide analytical assessments, studies and
evaluations to improve financial policy development and decision making
29. Prepare independent cost estimates (for life cycle
costs or other activities)
30. Provide input to estimates at completion (EAC) for
work conducted by a government activity or a contractor
31. Provide recommendations on cost realism
32. Provide inputs to cost/performance tradeoff studies
33. Provide contract earned value management system
(EVMS) analyses
34. Provide cost performance risk assessments
32. Provide information and recommendations to respond to
Congressional, DOD, other
Government agency, media or industry inquiries, and
audits and for Congressional Testimony
33. Provide recommendations and initiatives for Command
Improvements to reduce overall costs, including but not limited to Business
Case Analysis, cost benefit analysis, e-business solutions
ACCESS TO
PROPRIETARY DATA AND COMPUTER SOFTWARE (NAVSEA) (JUN 1994)
(a) Performance under each task order may require that
the Contractor have access to technical data, computer software, or other
sensitive data of another party who asserts that such data or software is
proprietary. If access to such data or software is required or to be provided,
the Contractor shall enter into a written agreement with such party prior to
gaining access to such data or software. The agreement shall address, at a
minimum,
(1) access to, and use of, the proprietary
data or software exclusively for the purposes of performance of the work
required by a task order under this contract, and
(2) safeguards to protect such
data or software from unauthorized use or disclosure for so long as the data or
software remains proprietary. In addition, the agreement shall not impose any
limitation upon the Government or its employees with respect to such data or
software.
A copy of the executed agreement shall be provided to the
Contracting Officer. The Government may unilaterally modify the contract to
list those third parties with which the Contractor has agreement(s).
(b) The Contractor agrees to:
(1) indoctrinate its personnel
who will have access to the data or software as to the restrictions under which
access is granted;
(2) not disclose the data or
software to another party or other Contractor personnel except as authorized by
the Contracting Officer;
(3) not engage in any other
action, venture, or employment wherein this information will be used, other
than to the extent permission has been granted, in any manner inconsistent with
the spirit and intent of this requirement;
(4) not disclose the data or
software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the
Contractor; and
(5) reproduce the restrictive
stamp, marking, or legend on each use of the data or software whether in whole
or in part.
(c) The restrictions on use and disclosure of the data
and software described above also apply to such information received from the
Government through any means to which the Contractor has access in the
performance of any task order under this contract that contains proprietary or
other restrictive markings.
(d) The Contractor agrees that it will promptly notify
the Contracting Officer of any attempt by an individual, company, or Government
representative not directly involved in the effort to be performed for any task
order under this contract to gain access to such proprietary information. Such notification
shall include the name and organization of the individual, company, or
Government representative seeking access to such information.
(e) The Contractor shall include this requirement in
subcontracts of any tier which involve access to information covered by
paragraph (a), substituting "subcontractor" for
"Contractor" where appropriate.
(f) Compliance with this requirement is a material
requirement of this contract.
DATA RIGHTS
A. Task Order Intellectual Property Deliverable
Restrictions. For each task order to be issued under the contract, the
Contractor shall identify, prior to award of the affected task order(s) to the
best of its ability, noncommercial and commercial technical data and computer
software that it intends to deliver with restrictions on the Government’s right
to use, release or disclose such identified technical data and/or computer
software. The Government further desires that the Contractor identify, prior to
award of affected task order(s), background inventions that will be embodied in
items, components, processes, technical data, computer software or computer
software documentation developed or delivered under the task order. To identify
such technical data, computer software and background inventions, the
Contractor shall submit the following three lists:
1. Noncommercial Computer Software and Technical Data.
The Government desires appropriate rights in all noncommercial technical data
and noncommercial computer software developed or delivered under each task
order. The Contractor shall identify all asserted restrictions on the
Government’s license rights in such data and software, pursuant to paragraph
(e) of the clauses at DFARS 252.227-7013 (‘7013) and DFARS 252.227-7014
(‘7014). The ‘7013 and the ‘7014 clauses shall govern the format and content of
the Contractor’s assertions of software and data restrictions for each task
order. The Contractor may combine the ‘7013(e) and the ‘7014(e) post-award
lists into a single list, as long as the technical data items can be clearly distinguished
from the computer software items. The Contractor shall submit the post-award
assertions to the Contracting Officer as soon as practicable before the
scheduled delivery of the relevant data and/or software. The Contract shall
update the post-award assertions as necessary during performance of the task
order to ensure that the list is accurate before making final delivery of data
or software under the task order.
2. Commercial Computer Software and Technical Data. For
each task order, the Contractor shall identify all asserted restrictions on the
Government’s license rights in commercial computer software and commercial
technical data. To identify such restrictions, the Contractor shall submit a
Commercial Restrictions List, dated and signed by an official contractually
authorized to obligate the Contractor, as an attachment to the affected task
order. The format of the Commercial Restrictions List shall be substantially
same as the format set forth in DFARS 252.227-7017(d). The Commercial Restrictions
List shall include the assertions of the Contractor’s subcontractors or
suppliers or potential subcontractors or suppliers. For each entry in the
Commercial Restrictions List which indicates that the asserted rights category
is a special license or the license customarily provided to the public, the
Contractor shall attach to the Commercial Restrictions List a copy of such
license, except that if any particular license is identified as applying to
more than one such entry, only one copy of that license need be provided. The
Contractor shall update the Commercial Restrictions List as necessary during
performance of the task order to ensure that the list is accurate before making
final delivery of data or software under the task order.
3. Background Inventions. For each task order, the
Contractor shall provide an identification and licensing list to the Government
that identifies all inventions (background inventions), other than subject
inventions, disclosed in any patents or pending patent applications in which
the Contractor has:
(a) any title, right or
interest; and
(b) intends to include in any Items, Components or
Processes developed or delivered under the affected task order, or that are
described or disclosed in any Technical Data, Computer Software or Computer
Software Documentation developed or delivered under the affected task order.
For each background invention, the list shall identify:
·
(a) patent or pending patent application number;
·
(b) title of the patent or pending patent
application;
·
(c) issue date of the patent, or filing date of
the pending patent application;
·
(d) the Item, Component, Process, Technical
Data, Computer Software or Computer Software Documentation that will include or
disclose the background invention;
·
(e) the nature of the Contractor’s right, title
or interest in the background invention;
·
(f) if the Government or any third party has any
right, title or interest in the background invention; and
·
(g) if the Contractor
is willing to sell the Government a license to practice the background
invention.
The list shall be an attachment to the affected task
order, and the Contractor shall update the list, as necessary, during
performance of the task order to promptly identify all background inventions.
B. Delivery of Noncommercial Computer Software and
Technical Data. Unless expressly otherwise stated in the task order, the
Contractor’s deliveries of noncommercial technical data shall include physical
delivery of the digital version of that technical data. The Contractor’s deliveries
of noncommercial computer software shall include physical delivery of a digital
version of both the executable code and the annotated source code. This
includes noncommercial data/software that was developed exclusively at private
expense. As used in this paragraph, "physical delivery" means
submission to the Government of the data/software in a predetermined format on
appropriate digital storage media (e.g., CD-ROM), and, if specified in the
delivery requirement, may also include submission of paper copies of that
data/software. However, due to the variety and number of task orders
contemplated under this contract, it may be mutually beneficial to modify the
physical delivery requirement. Accordingly, the Contractor may, before delivery
of the affected computer software or technical data, notify the Contracting
Officer in writing that it intends to modify the physical delivery requirement.
If the Contracting Officer accepts the modified physical delivery, the modified
physical delivery shall be incorporated into the affected task order by
modification.
ORGANIZATIONAL
CONFLICT OF INTEREST
(a)(1)"Organizational Conflict of Interest"
means that because of other activities or relationships with other persons, a
person is unable or potentially unable to render impartial assistance or advice
to the Government, or the person’s objectivity in performing the contract work
is or might be otherwise impaired, or a person has an unfair competitive
advantage.
(2) "Person" as used herein includes
individuals, consultants, corporations, partnerships, joint ventures and other
business enterprises.
(b) The Contractor warrants by bidding a task order under
this Indefinite Delivery Indefinite Quantity (IDIQ) contract, that to the best
of its knowledge and belief, the Contractor does not have any Organizational
Conflict of Interest as defined in paragraph (a) which would affect the
Contractor's ability to perform the task order, unless the Contractor notifies
the Procuring Contracting Officer of a Conflict of Interest in accordance with
paragraph (f). A conflict of interest of one team member (prime or
subcontractor) shall not automatically disqualify the team from performing a
bidding and performing a task order. After disclosure of the actual or
potential conflict of interest as required in paragraph (f) the Procuring
Contracting Officer may authorize bidding and or performance of a task order by
a team member not having an organizational conflict of interest.
(c) It is recognized that the effort to be performed by
the Contractor under each task order may create an actual or, potential
organizational conflict of interest on the instant contract or on a future
acquisition. FAR 9.5 will govern the actions of the Government and the
Contractor in order to avoid all conflicts of interest, avoid prejudicing the
best interest of the Government, and avoid prejudicing the right of the
Contractor to participate in procurements (current or future) that are the
subject of any work under any task order under this contract.
(d)(1) The Contractor agrees that it shall not release,
disclose or use in any way that would permit or result in disclosure to any
party outside the Government any information provided to the Contractor by the
Government during or as a result of performance of this contract without
permission from the Procuring Contracting Officer. This includes release of
information within the Contractor's team including releasing information to or
among any affiliate of the Contractor, any subcontractor, consultant, or
employee of the contractor, any joint venture involving the contractor. Such
information includes, but is not limited to, information submitted to the
Government on a confidential basis by other persons. Further, the prohibition
against release of Government provided information extends to cover such
information whether or not in its original form e.g. where the information has
been included in Contractor generated work or where it is discernible from
materials incorporating or based upon such information. This prohibition shall
not expire after a given period of time.
(2) The Contractor agrees that it shall not release,
disclose, or use in any way that would permit or result in disclosure to any
party outside the Government any information generated or derived during or as
a result of performance of this contract without permission from the Procuring
Contracting Officer. This include release of information within the
Contractor's team including releasing information to or among any affiliate of
the Contractor, any subcontractor, consultant, or employee of the contractor,
any joint venture involving the contractor. This prohibition shall expire after
a period of three years after completion of performance of the applicable task
order.
(3) The prohibitions contained in subparagraphs d(1) and
(d)(2) shall apply with equal force to any affiliate of the Contractor, any
subcontractor, consultant, or employee of the contractor, any joint venture
involving the contractor, any entity into or with which it may merge or
affiliate, or any successor or assign of the Contractor. The terms of paragraph
(f) of this Special Contract Requirement relating to notification shall apply
to any release of information in contravention of this paragraph (d).
(e) The Contractor further agrees that, during the
performance of this contract and for a period of three years after completion
of performance of this contract the Contractor, any subcontractor, consultant,
or employee of the contractor, any joint venture involving the contractor, any
entity into or with which it may merge or affiliate, or any successor or assign
of the Contractor, shall not participate in a competitive procurement for
systems, components or services which were the subject of any task order under
this contract. However, with the authorization of the cognizant Procuring
Contracting Officer, the Contractor may be authorized to compete for such
procurements subsequent to an intervening procurement.
(f) The Contractor agrees that, if after award, it
discovers an actual or potential organizational conflict of interest, it shall
make immediate and full disclosure in writing to the Contracting Officer. The
notification shall include at least:
·
Full disclosure of all the relevant facts,
·
Description of the actual or potential conflict
of interest,
·
Discussion of how conflict of interest would be
mitigated, avoided, or neutralized,
·
Any affects on the
quality and timeliness of supplies or services to be delivered under the
mitigation plan, and
·
Cost of the mitigation, avoidance or
neutralization
·
All other information requested by the PCO to
determine the existence and appropriate resolution of the organizational
conflict of interest.
The notification shall be submitted to the Procuring
Contracting Officer for review and approval. No further work will be done or
charged to any task order affected by the organizational conflict of interest
until the Contractor is directed to do so by the Procuring Contracting Officer.
If a mitigation plan is accepted as a means to avoid, mitigate or neutralize an potential organizational conflict of interest, it shall
be added to the task order at inception or by bilateral modification.
Notwithstanding this notification, the Government may terminate any affected
task order or the entire IDIQ contract for the convenience of the Government if
determined to be in the best interest of the Government.
(g) Notwithstanding paragraph (f) above, if the
contractor was aware, or should have been aware, of an organizational conflict
of interest prior to the award of this contract or becomes, or should become,
aware of an organizational conflict of interest after award of this contract
and does not make an immediate and full disclosure in writing to the Procuring
Contracting Officer, the Government may terminate the IDIQ contract or any
affected task order for default.
(h) If the contractor takes any action prohibited by this
requirement or fails to take action required by this requirement, the
Government may terminate this contract for default.
(i)
The Procuring Contracting Officer's decision as
to the existence or nonexistence of an actual or potential organizational
conflict of interest shall be final.
(j) Nothing in this requirement is intended to prohibit
or preclude the Contractor from marketing or selling to the United States
Government its product lines in existence on the effective date of this
contract; nor shall this requirement preclude the Contractor from participating
in any research and development or delivering any design development model or
prototype of any such equipment. Additionally, sales of catalog or standard
commercial items are exempt from this requirement.
(k) The Contractor shall promptly notify the Procuring
Contracting Officer, in writing if it has been tasked to evaluate or advise the
Government concerning its own products or activities or those of a competitor
in order to ensure proper safeguards exist to guarantee objectivity and to
protect the Government's interest.
(l) The Contractor shall include this requirement in all
subcontracts, teaming agreements, or other contractual relationships with
persons which may have access to information or be involved in
situations/conditions covered by the preceding paragraphs, substituting
"subcontractor" for "contractor" where appropriate.
(m) The rights and remedies described herein shall not be
exclusive and are in addition to other rights and remedies provided by law or
elsewhere included in this contract.
(n) Compliance with this clause is a material requirement
of this contract.
DATE/TIME
PROCESSING REQUIREMENT--INFORMATION TECHNOLOGY (NAVSEA) (JUN 2000)
(a)
All information technology (IT), whether
commercial or noncommercial, delivered under this contract that will be
required to perform date/time processing involving dates subsequent to December
31, 1999, shall be Year 2000 compliant if properly installed, operated, and
maintained in accordance with the contract specifications and applicable
documentation. If the contract requires that specific deliverables operate
together as a system, this requirement shall apply to those deliverables as a
system.
(b)
"Information Technology" or
"IT," as used in this requirement, means "information
technology" as that term is defined at FAR 2.101, and further including
those items that would otherwise be excluded by paragraph (c) of that
definition. "Year 2000 compliant" (as defined at FAR 39.002) means
that the IT accurately processes date/time data (including), but not limited
to, calculating, comparing, and sequencing) from, into, and between the twentieth
and twenty-first centuries, and the years 1999 and 2000 and leap year
calculations, to the extent that other IT, used in combination with the IT
being delivered, properly exchanges date/time data with it. The "proper
exchange" of date/time data shall be in accordance with the interface
requirements specification(s) of the contract.
(c)
For line item deliverables which are commercial
items (as defined at FAR 2.101), and which include commercial IT, the terms and
conditions of the standard commercial warranty covering such commercial IT
shall apply in addition to, and to the extent such terms and conditions are
consistent with, this requirement. Any applicable commercial warranty shall be
incorporated into this contract by attachment.
(d) Notwithstanding any provision to the contrary in any
other warranty of this contract, or in the absence of any such warranty(ies), the remedies
available to the Government under this requirement shall include those provided
in the Inspection clause(s) of this contract. Nothing in this requirement shall
be construed to limit any rights or remedies the Government may otherwise have
under this contract.
(e) Unless specified elsewhere in the contract, the
Contractor will also deliver to the Government a report summarizing any Year
2000 compliance testing that was performed, and the results thereof.
(f) The remedies available to the Government for
noncompliance with this requirement shall remain available until 31 January
2001, or one hundred eighty (180) days after acceptance of the last deliverable
IT item under this contract (including any option exercised hereunder),
whichever is later.
COMPUTER SOFTWARE
AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR RECEIVED FROM THE GOVERNMENT
(NAVSEA) (NOV 1996)
(a) The Contractor agrees to test for viruses all
computer software and/or computer databases, as defined in the clause entitled
"RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER
SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that
computer software or computer database in whatever media and on whatever system
the software is delivered. The Contractor warrants that any such computer
software and/or computer database will be free of viruses when delivered.
(b) The Contractor agrees to test any computer software
and/or computer database(s) received from the Government for viruses prior to
use under this contract.
(c) Unless otherwise agreed in writing, any license
agreement governing the use of any computer software to be delivered as a
result of this contract must be paid-up and perpetual, or so nearly perpetual
as to allow the use of the computer software or computer data base with the
equipment for which it is obtained, or any replacement equipment, for so long
as such equipment is used. Otherwise the computer software or computer data
base does not meet the minimum functional requirements of this contract. In the
event there is any routine to disable the computer software or computer data
base in the future, that date certain shall not be less than 25 years after the
delivery date of the computer software or computer database.
(d) No copy protection devices or systems shall be used
in any computer software or computer database delivered under this contract to
restrict or limit the Government from making copies. This does not prohibit
license agreements from specifying the maximum amount of copies that can be
made.
(e) Delivery by the Contractor to the Government of
certain technical data and other data is now frequently required in digital
form rather than as hard copy. Such delivery may cause confusion between data
rights and computer software rights. It is agreed that, to the extent that any
such data is computer software by virtue of its delivery in digital form, the
Government will be licensed to use that digital-form data with exactly the same
rights and limitations as if the data had been delivered as hard copy.
(f) Any limited rights legends or other allowed legends
placed by a Contractor on technical data or other data delivered in digital form
shall be digitally included on the same media as the digital-form data and must
be associated with the corresponding digital-form technical data to which the
legends apply to the extent possible. Such legends shall also be placed in
human-readable form on a visible surface of the media carrying the digital-form
data as delivered, to the extent possible.