CONTACT INFORMATION|4|N792.06|S8R|215-697-0275|patrick.j.horan23.civ@us.navy.mil| COMMERCIAL ITEM PROCUREMENT NOTICE - AWARD|4||||| ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)|19|||||||||||||||||||| HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT|8|x|||||||| INSPECTION AND ACCEPTANCE OF SUPPLIES|26|x||||||||||||x|||||||||||||| WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)|16|INVOICE AND RECEIVING REPORT COMBO TYPE ||TBD|N00383|TBD|TBD|SEE SCHEDULE|TBD||||||||| NAVY USE OF ABILITYONE SUPPORT CONTRACTOR - RELEASE OF OFFEROR INFORMATION (3-18))|1|| EQUAL OPPORTUNITY (SEP 2016)|2||| WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)|6|12 months|60 days after discovery of defect||||| EQUAL OPPORTUITY FOR WORKERS WITH DISABILITIES (JUN 2020)|2||| BUY AMERICAN-FREE TRADE AGREEMENTS-BALANCE OF PAYMENTS PROGRAM - BASIC (JAN 23)|3|||| CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVEORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023))|98||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)|13|||||||||||||| BUY AMERICAN-FREE TRADE AGREEMENTS-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (DEC 2022))|3|||| BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM (NOV 2014)|1|| ROYALTY INFORMATION (APR 1984)|1|| ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)|13|332439|500|||||||||||| NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, ANDENERGY PROGRAM USE (APR 2008))|2||x| The following repair tiers are hereby incorporated: Tier 1 (Inspection/Cleaning/Minor Adjustments): External/Internal Inspection, cleaning and draining inside of base to remove loose debris, remove/replace desiccant, remove/replace installation instructions, adjusting hardware to ensure hermetic seal, stenciling Tier 2 (Remove/Replace Common Components): All of the above, remove/replace common inner frame hardware (screws/bolts/nuts/etc.), remove latch hardware and replace with repair kit, remove replace shockmounts, remove/replace gasket, remove/replace damaged or illegible nameplate, remove/replace humidity indicator, remove/replace valves, remove/replace observation window Tier 3 (Weld Repair): All of the above, weld repair/patch, welding required to remove replace damaged latch assembly, manufacturing/remove/replace custom/modified common hardware Tier 4 (Manufacturing, Simple): All of the above, manufacturing/remove/replace simple single component parts (plate/tube/etc.) Tier 5 (Manufacturing, Complex): All of the above, manufacture/remove/replace complex assemblies (brackets/frame/mounting assembly/etc.) No repair shall exceed 75% of new container cost. Units will be deemed BER (Beyond Economical Repair) Repair Turnaround Time (RTAT) definition: The contractual delivery requirement is measured from asset Return to the date of asset acceptance under the terms of the contract. For purposes of this section, Return is defined as physical receipt of the F-condition asset at the contractors facility as reflected in the Action Date entry in the Commercial Asset Visibility (CAV) system. In accordance with the CAV Statement of Work, the contractor is required to accurately report all transactions by the end of the fifth regular business day after receipt and the Action Date entered in CAV must be dated to reflect the actual date of physical receipt. The Contractor must obtain final inspection and acceptance by the Government for all assets within the RTATs established in the subsequent contract. Required RTAT: ## 103 days after receipt of asset. to be repaired monthly after initial delivery commences X/month (contractor fill in #). A throughput of ##____ per month reflects no throughput constraint Induction Expiration Date: 365 days after contract award date. Any asset received after this date in days is not authorized for repair without bi-lateral agreement between the Contractor and NAVSUP WSS Contracting Officer. Reconciliation:A reconciliation modification will be issued after final Inspection and acceptance of all assets inducted under the subsequent contract. The parties have agreed to a price (shown on the schedule page) for each unit at the negotiated RTAT. Such prices are based on the Contractor meeting the RTAT requirements described within the schedule page. If the Contractor does not meet the applicable RTAT requirement, consideration will be assessed and subject to negotiation. ALL CONTRACTUAL DOCUMENTS (I.E. CONTRACTS, PURCHASE ORDERS, TASK ORDERSDELIVERY ORDERS AND MODIFICATIONS) RELATED TO THE INSTANT PROCUREMENT ARE CONSIDERED TO BE "ISSUED" BY THE GOVERNMENT WHEN COPIES ARE EITHER DEPOSITED IN THE MAIL, TRANSMITTED BY FACSIMILE, OR SENT BY OTHER ELECTRONIC COMMERCE METHODS, SUCH AS EMAIL. THE GOVERNMENTS ACCEPTANCE OF THE CONTRACTORS PROPOSAL CONSTITUTES BILATERAL AGREEMENT TO "ISSUE" CONTRACTUAL DOCUMENTS AS DETAILED HEREIN. Early and incremental deliveries accepted and preferred. FAR Part 12 Applies. This is a competitive requirement. Offers will be evaluated by Lowest Price Technically Acceptable (LPTA). 1. SCOPE 1.1 PRE-AWARD / POST AWARD REQUIREMENTS: Due to the critical use of this item and its quality history, a pre-award survey and post-award conference may be required for all new manufacturers. For all previous sources, a post-award conference may be recommended. 1.2 Container shell material is ;Aluminum; . 1.3 When discrepancies exist between these requirements and those on current manufacturers drawings,contact code ;buyer on page 1 of the contract; or code N241.10 1.4 Articles to be furnished hereunder shall be manufactured, tested and inspected in accordance with � SEE SCHDULE/LINE ITEM�,and all details and specifications referenced therein. 1.5 Articles to be furnished hereunder shall be repaired, tested and inspected in accordance with the terms and conditions specified in the Requirements Section of this document. 1.5.1 Any item contracted for repair SHALL have a Statement of Work to ensure compliance with all repair procedures and requirements. Repair of: SHIPPING AND STORAG ;6KH 8145 013574414; NSN , ;583E001; Part Number, Shall be performed IAW: SHIPPING AND STORAG ;AG-830AC-MEB-000 work package 025 00; Publication (s). 1.5.2 There will be no repair deviation from the approved written procedures without review and acceptance by the Basic Design Engineer. All requests for Waiver/Deviation shall be via Form 1694 routed throught the Local DCMA/ACO office for review and recommendations via form 1998. 2. APPLICABLE DOCUMENTS - NOT APPLICABLE 3. REQUIREMENTS 3.1 One third (1/3) unit of desiccant (MIL-D-3464, Type II nondusting) per cubic foot of container interior volume shall be placed in desiccant holder of each container at time of shipment. 3.2 Reference to Cadmium plating shall be deleted and the following substituted: "Finish shall be electrodeposited alkaline Zinc-Nickel Alloy in accordance with ASTM B 841 Class 1, Type B, Grade 3." All containers must be affixed with a nameplate that includes a Unique Identification (UID) marking as referenced in the drawing package Drawing ;(80132) 15930; and IAW Mil-STD-130 latest revision. The contractor shall contact NAVICP code ;contact buyer on page 1 of the contract; or code 0771.10 for the alphanumeric sequential serial number group that makes up part of the UID. The UIDwill be included on the nameplate in data matrix format. Contact code ;buyer on page 1 of the contract; or code N241.10 to arrange for First Article Test location When a First Article is required, the contractor shall submit a paper copy of the drawings (size 11" X 17"), contracts and approved ECPs ECOs, deviations waivers, and modifications in the records recepticle or inside the container submitted for the First Article. 3.3 Welding and welder qualifications shall be in accordance with AWS D1.1 for steel, AWS D1.2 or MIL-W-22248,Class 4 for aluminum, AWS D1.3 for sheet steel and AWS D1.6 for stainless steel. Proper controls shall be used to prevent melt through or burn through. For aluminum, filler for welding 6061 alloy shall be 4043: filler for welding 5000 series alloys to themselves or to 6061 shall be 5356 or 5556. In addition,welding and weld inspection shall include: (1) Visual inspection shall include 5X (5power) magnification when a suspect condition is to be examined beyond the capability of normal vision. (2) Critical and major welds may be subjected to further non destructive testing (such as dye penetrant inspection)as prescribed by the buying activity. (3) Proper documentation shall be available for review by Government personnel. 3.4 WORK INSTRUCTIONS. Work instructions shall be posted at theoperators work station giving procedures to control the welding process, i.e., filler material, weld size, electrical and gas characteristics, including flow rate. 3.5 MATERIALS AND MATERIALS CONTROL. The quality program shall assure that the materials used in fabrication or processing, i.e., base metals and weld filler material, be inspected and conform to the applicable physical, chemical and other technical requirements (suppliers certification is sufficient). 3.6 CONTROLS. Weld filler materials shall be clearly identified and segregated from each other both when in storage and at the work station. Work station environment shall be controlled to prevent conditions adverse to proper gas shielding. 3.7 CLEANING. Parts to be welded shall be cleaned to remove surface soils such as oils, waxes, grease, inks, etc. except that uninhibited alkaline solutions such as sodium hydroxide shall NOT be used. 3.8 DEOXIDIZING. The cleaned parts shall be chemically deoxidized NO MORE THAN 10 DAYS PRIOR TO WELDING to remove thick surface oxide films. (If the material or work is exposed to an outdoor environment, this time limit shall be reduced to a maximum of 3 days, to account for atmospheric effects.) Mechanical cleaning methods shall be applied just prior to the actual start of welding, to remove any reoxidation or residual thin oxide films. 3.8.1 CHEMICAL TREATMENT. An acid deoxidizing treatment shall be applied by either immersion or brushing/wiping. Deoxidizers acceptable for use shall include nitric acid, sulfuric chromic, phosphoric chromic, or equivalent solutions. Sodium hydroxide solutions shall not be used. Care shall be taken to assure 100% solution coverage of the area to be welded. To allow an adequately sized deoxidized area for good welding, the solution shall be applied to an area extending at least 2 inches from the weld site, or ending at any closer adjacent edge. 3.8.2 MECHANICAL MEANS. Immediately prior to welding, mechanical cleaning methods shall be applied to the weld areas previously chemically treated to assure removal of residual or reformed oxides, if any. Acceptable methods of mechanical cleaning include stainless steel wire brushing, scraping, filing, or sanding. However, abrasives containing iron and its oxides, steel wool and wire, and copper alloy based wire, which may become embedded with galvanically active metals and accelerate corrosion of aluminum alloys shall NOT be used. Mechanical methods shall be vigorous enough to adequately remove any residual oxide films, but gentle enough to avoid forming an excessively rough surface in the comparatively soft metal underneath. 3.9 At faying surfaces, discontinuous welds, or other areas where atmospheric liquids may be retained by capillary action, the crevice shall be sealed using Sealing Compound MIL-S-81733 or equivalent. 3.10 The shock mount listed in the drawing package (whether identified as sole source, recommended, or suggested) has been tested and approved for the shock mitigation system of this container. No other shock mount may be substituted without written permission of Naval Inventory Control Point, Philadelphia unless an alternate is specifically indentified in this contract. ;No other mount; is an approved alternate mount. Welding and welder qualifications shall meet current AWS D1.2 standards. Additionally, cleaning preperations shall be in accordance with MIL-C-5541 and the cleaning paragraph located in the welding requirements section of the contract 3.11 1.0 GENERAL 3.11.1 This Statement of Work (SOW) establishes the criteria for repair and testing /inspection of the subject item. It includes inspection, component repair and replacement,reassembly and testing procedures required to return units back into a servicable condition. 3.12 2.0 DEFINITIONS. 3.12.1 CONTRACTOR: Is defined as the successful offeror awarded a contract, orderor issued a project work order. The term "contract" encompasses a contract, an order, or a project work order. 3.12.2 OVERHAUL: An overhauled part is one which has been disassembled, cleaned, inspected, repaired as necessary (by replacing or repairing all components which have been found to exceed limits established by the repair/overhaul manual) reassembled and tested in accordance with the approved repair/overhaul manual listed in this SOW and returned to a Ready for Issue (RFI) condition (Refer to contract schedule for items to be overhauled). 3.12.3 REPAIR: A repaired part is one which has been restored to a Ready for Issue(RFI) condition (by replacing or repairing those components found to be defective, broken, damaged or inoperative during the initial evaluation and troubleshooting phase) and tested in accordance with the approved repair/overhaul manual listed in this SOW (Refer to contract schedule for items to be repaired). 3.13 3.0 SCOPE 3.13.1 GENERAL. The items to be furnished hereunder shall be overhauled, upgraded,repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this contract. Unless expressly provided Government Furnished Property, including equipment such as fixtures, jigs, dies, patterns, mylars, special tooling, special test equipment, or any other manufacturing aid required for the repair, manufacture, and/or testing of the subject item(s) will not be provided by the Government and shall be the responsibility of the contractor. The foregoing applies notwithstanding any reference to such equipment or the furnishing thereof that may be contained in any drawing, manual, or specification for the contract items. 3.13.2 REPAIR UPGRADE REQUIREMENTS:The contractor shall provide the necessary facility, labor, materials, parts, and test and tooling equipment required to to return the following items to a Ready For Issue (RFI) condition: SHIPPING AND STORAG ;583E001; P/N, ;6KH 8145 013574414; NSN, ;AG-830AC-MEB-000 work package 025 00; Tech Publications 3.13.3 RFI is defined as that condition allowing the items to perform properly and reliably in an operational environment in a manner they were intended to operate.The contractor must perform all repairs/upgrades at the facility identified within this SOW. Repairs performed by the contractor or subcontractor shall be performed in accordance with the specified drawings and repair manual(s). 3.14 Changes to such manuals used for repairs under this contract, or changes to drawings or specifications used in the manufacture of parts utilized in these repairs, require Procuring Contracting Officer (PCO) approval in accordance with the Configuration Management provisions of this Statement of Work or contract. Under no circumstances should the repair, test, and inspection extend beyond the requirements of this paragraph unless authorized by the Government QAR.In addition, requests for approval of changes to a repair source or repair facility shall be submitted in writing to the PCO prior to making any such change. 3.14.1 Any repairs performed using unapproved changes to such manuals, drawings, specifications, or changes to repair source or facility are done at the contractors own risk. If the Government disapproves the requested change, the contractor shall replace any delivered items repaired using such unapproved manuals,drawing, specification, repair source or repair facility change. The contractor is not entitled to any equitable adjustment to the contract price or terms based on the Governments disapproval of a requested change to manuals, drawings, specifications, or to a repair source or facility. 3.14.2 References on Drawings and Specifications:For repair and overhaul purposes only. All references to the "prime contractor" or the "actual manufacturer" appearing on the drawings and / or specifications or technical data furnished by the Government shall be read as the "Government Designated Agency" 3.14.3 Process Control Documentation: The contractor shall prepare and maintain repair procedures, and test / inspection information / procedures which shall be made available to the Government for review and approval. The procedures shall include sequential diagrams of processes, as well as the performance specifications to perform the testing / inspection procedures. Those processes shall be frozen after approval of the inspection / Test. 3.14.4 Beyond Economical Repair (BER). An item is BER if the cost of the repair exceeds 75% of the production quantity price to replace the item, current at time of award. This replacement price is for the purposes of BER determinations only, and may not be used or relied on by the offeror in the pricing of the repairs required by this contract. Items determined BER are not included in the contract price. The contractor shall obtain written concurrence from DCMA for all units determined by the contractor to be BER. All such determinations, including the basis for the determination, the repair required, the proposed price to repair and the DCMA written concurrence shall be provided by the contractor to the PCO, with a copy to the inventory manager. After receipt of the required documentation, the PCO shall provide the contractor disposition instructions or contractual authority for repair of the item. The contractor is not authorized to proceed with the repair until notification to proceed is received from the PCO. Any disposal ordered shall be performed by the contractor in accordance with all applicable regulations and in accordance with all DCMA disposal procedures and requirements. 3.14.5 Missing on Induction (MOI). A Weapons Repairable Assembly (WRA) is subject to this MOI provision if the item received by the contractor for repair is missing one or more Shop Replaceable Assemblies (SRAs). Contractor replacement of MOI SRAs is not included in the contract price. The contractor shall immediately notify DCMA when an item is received with MOI SRA(s) and shall obtain written verification from DCMA for all WRAs determined to have MOI SRA(s). The contractor shall provide all such determinations, including identification of the missing SRA(s), and the DCMA written verification, to the Inventory Manager with a copy to the PCO and ACO prior to induction and/or repair of the WRA. The contractor shall not induct and/or repair WRAs with MOI SRAs until instructions on how to proceed are provided to the contractor by the Inventory Manager (where no adjustment price to the contract is required) or by the PCO. Items received by the contractor missing consumable parts are not MOI items. Rather, repair of such items and replacement of the missing consumable parts are included in the contract price and the item shall be inducted and repaired by the contractor under this contract. 3.14.6 Replacing Failed or Missing Shop Replaceable Assembly (SRA) when repairinga Weapons Replaceable Assembly (WRA). 3.14.7 A. When the contractor believes one or more SRA(s) within a WRA are either: 3.14.8 Beyond Economic Repair (BER) or Beyond Repair (BR) i. e. the unit is not capable of being repaired because of the extent of physical damage), or Missing on Induction (MOI), the contractor shall obtain written verification from DCMA and advice from the Inventory Manager whether a SRA may be replaced by one or more of the following options: Ship in place from an existing spares or repair contract, if any, MILSTRIP the SRA(s), otherwise be provided direction for obtaining the SRA(s) at no cost to the contractor.The detailed procedures are set forth in Section 6.0 of the WEB-BASED COMMERCIAL ASSET VISIBILITY (CAV) STATEMENT OF WORK. 3.14.9 B.When not otherwise provided for (or precluded) by other terms of this contract, the contractor may seek written authorization to replace failed SRA(s) with Ready For Issue SRA(s). When authorized, the procedures set forth in paragraph 3.0 of Section 6.2 of the WEB-BASED COMMERCIAL ASSET VISIBILITY (CAV) STATEMENT OF WORK shall be followed. 3.14.10 Over and Above Repair (OAR). An item sent to the contractor shall be considered to require over and above (OAR) repair effort if the repair required is not the type of repair that would be anticipated as a result of normal Navy operation of the item and is not included in the contract pricing due to the nature or scope of the repair needed for that particular item. Therefore, repair of OAR items may be subject to equitable adjustment. The Contractor shall obtain written concurrence from DCMA for all units determined by the contractor to require OAR effort. All such OAR determinations, including the basis for the determination, the repair required, the proposed price to repair and the DCMA written concurrence, shall be provided by the contractor to the PCO prior to undertaking repair of the item. After receipt of the required documentation, the PCO shall provide the contractor disposition instructions or contractual authority for repair of the item. Any ordered disposal shall be performed by the contractor in accordance with all applicable regulations and DCMA disposal procedures and requirements. 3.15 4.0 PARTS AND MATERIALS 3.15.1 General. The contractor is responsible for supplying all parts and material necessary to perform the required repairs under this contract unless parts or material are specifically identified as Government Furnished Material (GFM). All parts and material used in performance of this contract shall be in accordance with the latest approved revision of applicable drawings and specifications and shall be new in accordance with FAR 52.211-5, Material Requirements, which is incorporated by reference herein. Authorization to use other than new material as defined by FAR 52.211-5 requires written approval from the PCO. In addition, cannibalization must be approved by the PCO. Cannibalization of units that have not been inducted is not typically authorized and requires specific approval by the PCO. 3.15.2 The contractor shall ensure it has access for the duration of this contract to updated drawings and specifications for parts and material required for repairs performed under this contract. Any change to such parts/material drawings or specifications requires Government approval in accordance with the Configuration Management provisions of this Statement of Work. Written approval from the PCO must be obtained prior to any change to the manufacturing source or manufacturing facility for all parts which require source approval, unless the contractor is the Design Control Agent (DCA) (i.e. the entity responsible for maintaining the latest configuration data) for the the contract item. If the contractor is the DCA, the contractor may approve approve changes to manufacturing source or manufacturing facility for all parts, including those which require source approval. Any repairs performed using unapproved changes to such drawings, specifications or manufacturing source or facility are done at the contractors own risk. If the Government disapproves the requested change, the contractor shall replace any delivered items repaired using such unapproved change. The contractor is not entitled to any equitable adjustment to the contract price or terms based on the Governments disapproval of a requested change to the drawings, specifications or manufacturing source or facility. 3.15.3 Purchased Material Control and Parts Control. The contractor shall establish and maintain a system of control over purchased parts and material. Such controls shall, at a minimum, assure that the parts and and material purchased are in compliance with the requirements of this contract. 3.15.4 Receiving Inspection of Purchased Parts and Material. (1)Purchased items shall be inspected upon receipt at the contractors facility to assure conformance with all requirements of the applicable drawings and specifications or (2)the contractor shall provide prior to the contract award evidence for Government review and approval of a purchased parts and material system which provides for the inspections to assure conformance with all requirements of the applicable drawings and specifications. Evidence of such inspections of such inspections shall be maintained by the contractor or subcontractor for Government review.The inspection report shall, at a minimum, include a record of all dimensional data (coordinate/positional), material, finish, and process with appropriate pass/fail criteria such as certifications and actual dimensonal readings. 3.15.5 ^^^NOTE^^^PART CANNIBALIZATION IS NOT AUTHORIZED UNLESS SPECIFICALLY APPROVED BY NAVSUP WSS AND THE BDE. 3.15.6 3.16 SOURCE AND LOCATION OF REPAIR SOURCE: 3.16.1 The contractor shall specify the name of the Source/Division performing the work and the actual location where work will be performed. SHIPPING AND STORAG ;tbd; Company Name , ;tbd; Address , ;tbd; Cage Code inspection will be accomplished on the contractors equipment 3.17 5.0 CONTRACTOR QUALITY REQUIREMENTS: 3.17.1 Quality Program. The Contractor shall establish, implement, document and maintain a quality system that ensures conformance to all applicable requirements of ISO 9001/ SAE AS9100. The Contractors quality management system/program shall be designed to promptly detect, correct and prevent conditions that adversely affect quality. 3.17.2 Calibration System Requirements. Contractor shall maintain a calibration system that meets the requirements of ANSI/NCSL Z540.3, ISO-10012-1 or an equivalent calibration program acceptable to the Government. 3.18 6.0 CONFIGURATION MANAGEMENT (CM): 3.18.1 The contractor shall maintain a configuration management plan in accordance with the provisions of NAVSUP WSS configuration management clause NAVICPIA18. (Refer to contract). 3.19 7.0 MARKINGS. 3.19.1 Marking shall be as indicated in the contract when applicable. 3.20 8.0 STORAGE; 3.20.1 The contractor shall provide a proper enclosed warehouse environment for both material items awaiting repair and assets which have been repaired and are awaiting shipment to ensure the items are not damaged while being stored. 4. QUALITY ASSURANCE 4.1 The tests to be performed under the First Article approval clause (FAR 52.209-4) of the contract are listed below. 4.1.1 Dimensional test (special) ;Applies; 4.1.2 Requirements of: ;To drawing (05259) 583E001 and sub-drawings as applicable; 4.1.3 Form: ;applies; 4.1.4 Fit: ;applies; 4.1.5 Function ;applies; 4.1.6 Compliance with drawing ( ;05259; ) ;583E001; , Revision ;latest; and specifications referenced therein. 4.2 In addition to the above tests, the First Article(s) to be delivered hereunder shall also be subjected to those tests which will demonstrate that the article(s) comply with contract requirements requirements. 4.3 The contractor shall be responsible for providing the necessary parts and repair of the First Article Sample(s) during testing. 4.4 The cost of the Government testing effort set forth in this solicitation is estimated to be $ ;12000; for the first article testing. This cost factor will be added, for solicitation purposes, to the price of all offerors for whom the government will require such testing. 4.5 Disposition of FAT samples 4.5.1 ;zero; Sample(s) shall not be returned to the contractor because they shall be destroyed during testing. 4.5.2 ;all; Unless otherwise provided for in the contract, sample(s) shall be returned to the contractor and may be considered as production items under the contract provided the sample(s) can be refurbished to ready for issue condition and provided the sample(s) have inspection approval from the cognizant DCMC QAR. Sample(s) may be shipped as production items only after all other units required under the contract have been produced and are ready for shipment. ;n/a; Sample(s) shall be returned to the contractor but shall not be considered as production due. 4.6 Test Sample Coating Instructions 4.6.1 Samples are to be unpainted. Corrosive areas are to be coated with a light preservative.This paragraph does NOT apply to shipping containers. 4.7 FAT Approval Criteria 4.7.1 FAR 52.209-4 applies (A) The contractors shall deliver ;one (1); ; unit(s) of the following CAGE ( ;05259; ; ) Part Number ;583E001; ; , Revision ;latest; ; within ;120; ; calendar days from the date of this contract to the Government at ;Contact buyer on page 1 of the contract; ; Marking of test sample(s) shipping container shall be as follows, citing this contract number: "FOR FIRST ARTICLE TESTING. NOT RFI MATERIAL. DO NOT TAKE UP IN STOCK CONTRACT NUMBER:____________" For First Article Test, the shipping documentation shall contain this contract number and lot/item identification. The characteristics that the First Article must meet and the testing requirements are specified elsewhere in this contract. (B) Upon shipment of First Article sample(s), two (2) copies of the Material Inspection and Receiving Report (DD Form 250) bearing the QARs signature and indication of preliminary inspection shall be forwarded to the NAVICP- Philadelphia code cited in Block 10.a of SF33, with duplicate copies to NAVICP code 072 and to the designated test facility. The envelopes shall be clearly marked: "DO NOT OPEN IN MAIL ROOM". Within ;90; ; days after receipt of the samples, the test site shall complete testing/evaluation and submit two (2) copies of their test report with conclusions and recommendations to the NAVICP code cited in Block 10.a of the SF33. (C) Within ;120; ; calendar days after the Government receives the First Article, the contracting officer shall notify the contractor, in writing, of the approval, conditional approval, or disapproval of the First Article. The notice of approval, conditional approval, or disapproval shall not relieve the contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the contractor. A notice of disapproval shall cite reasons for disapproval. (D) If the First Article is disapproved, the contractor, upon Government request, shall submit an additional First Article for testing. After each request, the contractor shall make any necessary changes, modifications, or repairs to the First Article or select another First Article for testing. All costs related to these tests are to be borne by the contractor, including any and all costs for additional tests following a disapproval. The contractor shall furnish any additional First Article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this First Article within the time limit specified in paragraph (B) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (E) If the contractor fails to deliver any First Article on time, or the contracting officer disapproves any First Article, the contractor shall be deemed to have failed to make delivery within the meaning of the default clause of this contract (F) Unless otherwise provided in the contract, the contractor - (1) May deliver the approved First Article as part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing: and (2) Shall remove and dispose of any First Article from the Government test facility at the contractors expense. (G) If the Government does not act within the time specified in paragraph (B) or (C) above the contracting officer shall, upon timely written request from the contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (H) The contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the First Article during any First Article test. (I) Before First Article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Before First Article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government (J) The contractor shall produce both the First Article and the production quantity at the same facility and shall submit a certification to this effect with each First Article. (K) The contractor shall provide specific written notification to the procuring contracting officer informing him/her of the shipment of any article(s) furnished in accordance with this clause. Such notification must be addressed to the attention of the NAVICP code specified in Block 10.a of the SF33, with copies to NAVICP code 072 and to the testing activity. Failure to provide such notification shall excuse the Government from any delay in performing First Article Testing and informing the contractor of the results thereof. (L) Fourteen (14) days prior to shipment of First Article Samples, the contractor shall notify the designated test facility in writing of the anticipated shipping date, with an information copy to the PCO, NAVICP Philadelphia, Attn: (Cite code found in Block 10.a of the SF33). The contractor shall also arrange for preliminary inspection of test samples by the DCMC/QAR. 4.8 Alternate Offers - Waiver of First Article Approval Requirements. (The following provisions supersede any waiver of First Article Approval Requirements terms set forth in clause 52.209-3 or 52.209-4 as appropriate) (A) Unless otherwise specified in the solicitation, the Naval Inventory Control Point reserves the right to waive the First Article Approval Requirements specified herein for offerors who have previously furnished identical production articles accepted by the Government or the Original Equipment Manufacturer/Prime Manufacturer. An offeror requesting waiver of First Article Requirements shall submit evidence with its offer establishing that: (I) the last production unit was delivered within three (3) years of the issue date of this solicitation, and (II) the production location to be used for this requirement is the same as used for the previous production run Additionally, the offeror shall submit a certification, to be executed by the officer or employee for the offer, stating that: (I) the articles to be provided will be produced using the same facilities, processes, sequences of operations and approved subcontractors as those previously delivered and accepted by the Government or the Original Equipment Manufacturer/Prime Manufacturer, and (II) the previous production units were manufactured without Material Review Board disposition or waiver/deviation request or rejection of pre-production samples for cause. (NOTE: This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.) (B) Offerors requesting waiver of First Article Approval Requirements under the provisions of this clause are cautioned to submit two prices for articles required herein - one that is based on compliance with the First Article Approval Requirements and one that is based on a waiver of such requirements. Where an offeror submits only one price and fails to clearly state that the price is based on waiver of the First Article Approval Requirements it will be deemed to be based on compliance with the First Article Approval Requirements (C) In the event of the First Article Approval Requirement is granted, the delivery schedule for the production items shall be reduced by the number of days designated for delivery of First Article Test unit plus the number of calendar days indicated for the government notification of conditional approval or approval. These requirements are specified in the quality assurance section of this solicitation. If the offeror is unable to meet the desired schedule, he shall insert below the alternate delivery schedule he offers to the government. Offerors Proposed Alternate Delivery Schedule (Based on Waiver of First Article Approval Requirements) Within Days: Item No. _______________ Quantity:_______ After Date of Contract:__________ ALL COSTS AND RESPONSIBILITIES RELATED TO THE FIRST ARTICLE TEST SUBMISSION CONTAINER SHIPMENT TO AND FROM THE FIRST ARTICLE TEST FACILITY ARE TO BE BORNE BY THE CONTRACTOR 4.9 100% PRODUCTION LEAK TEST. Each container, uninstrumented and without dummy load, shall be raised to a height of 18 inches and allowed to fall freely to a concrete or similarly hard surface, landing flat on its base. The container shall then be prepared for testing by sealing all breathing devices and inserting suitable pressurized fittings and gauges. The container shall be closed and sealed in a normal manner. The pneumatic-pressure technique of method 5009 of Federal Test Method Standard No. 101C shall be used to detect leakage. An initial pressure setting equal to 1.0 + 0.1 - 0 PSIG shall be used. After stabilization, pressure shall be monitored for thirty minutes. Any loss in pressure in excess of 0.05 PSIG (adjusted for changes in temperature and barometric pressure) shall be cause for rejection. WARNING Container may explode or fasteners may fail during test. Use protective barriers to avoid injury to personnel. 5. PACKAGING- MIL-STD 2073 PACKAGING APPLIES AS FOUND ELSEWHERE IN THE SCHEDULE 6. NOTES - NOT APPLICABLE

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