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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.