KMBT C454e-20160420165444 · PDF fileNSWC PHD is a field activity of Naval Sea Systems Command (NAVSEA). ... and Peripheral computer programs which are part of the Aegis Weapon System

payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. Ifthe final adjusted fee exceeds all fee payments made to the contractor under this contract, the Contractor shall be paid theadditional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractorany amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paiduntil the contract has been modified to reduce the fee(s) in accordance with the "LEVEL OF EFFORT" special contractrequirement, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment isrequired.

(End of Text)

HQ B-2-0021 CONTRACT SUMMARY FOR PAYMENT OFFICE (COSTTYPE) (FEB 1997)

This entire contract is cost type.

(End of Text)

CONTRACT NO.

N00178-04-D-4018 DELIVERY ORDER NO.

L603 AMENDMENT/MODIFICATION NO.

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SECTION C DESCRIPTIONS AND SPECIFICATIONS

Clauses in Section C of the SeaPort-e Multiple Award IDIQ contract are applicable to thissolicitation/contract, and are supplemented herein.

Software Development and Engineering Services SOFTWARE DEVELOPMENT AND ENGINEERING SERVICES 1.00 BACKGROUND 1.01 This Task Order shall provide Software Development and Engineering services to the AirDominance Department of the Naval Surface Warfare Center, Port Hueneme Division (NSWC PHD), PortHueneme, California. NSWC PHD is a field activity of Naval Sea Systems Command (NAVSEA). 1.02 NSWC PHD is the designated In-Service Engineering Agent (ISEA) and Software Support Agent(SSA) for Aegis and Peripheral computer programs which are part of the Aegis Weapon System (AWS) andassociated weapons systems that are integrated to various degrees with the AWS. Additionally, NSWCPHD is the designated ISEA and SSA for several MK 92 software products and non-Aegis Peripheralcomputer programs. Within NSWC PHD, the Air Dominance Department, Code A44, is the CombatSystems ISEA and SSA for the Advanced Operator Control Device (AOCD), the AN/UYQ-70 TechniciansPeripheral (QTP), Fire Control System (FCS) MK-92, and the Expandable Emulation System (XES). 1.03 The Air Dominance Department carries out engineering, technical, logistics and leadership functionsto conduct the ISEA mission. The customer organizations such as the Program Executive Office (PEO)Integrated Warfare Systems (IWS) and Missile Defense Agency (MDA) served by the Department includethe ships of the US Navy, US Navy shore activities, the navies of allied nations purchasing ISEA services,and DoD contractors (Lockheed Martin, Northrop Grumman, Raytheon, etc…) 2.00 SCOPE 2.01 This Task Order shall provide Software development and Engineering Support Services to the AirDominance Department ISEA mission (AOCD, MK92, and NGP). Services necessary to support thisscope include: 2.01a Specified software installation support2.01b Technical meeting support2.01c Technical evaluations and documentation2.01d Technical distance support2.01e Computer Software technical documentation2.01f Computer Software development 2.02 Services shall be required at shore sites, land based test facilities, shipyards, and aboard ships inports and at sea for the U.S., Allied Nations, and Foreign Military Sales customers. The ships and siteslisted below are representative of the major locations at which the work of this task order may be carriedout.

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2.02a TICONDEROGA (CG 47) Class Cruisers2.02b ARLEIGH BURKE (DDG 51) Class Destroyers2.02c OLIVER HAZARD PERRY (FFG 7) Class Frigates2.02d Future Integrated Deepwater Project Coast Guard cutters2.02e ARLEIGH BURKE (DDG 51) Class destroyer variants2.02f Japanese KONGO (DDG 173) and ATAGO (DDG 177) Class Destroyers2.02g Spanish ALVARO DE BAZAN (F 100) Class Frigates2.02h Norwegian FRIDTJOF NANSEN (F 310) Class Frigates2.02i South Korean KING SEJONG THE GREAT (DDG 991) Class KDX-III Destroyers2.02j Australian HOBART Class Air Warfare Destroyers2.02k Ex-USS KIDD (DDG 993) Class Destroyers of the Taiwan Navy2.02l As-Yet Unidentified Foreign Military Sales (FMS) Customer Sites and Ships2.02m NSWC Port Hueneme, CA2.02n Combat System Test Sites2.02o US Naval Shipyards2.02p US Naval Weapon Stations2.02q Shore Sites, Depots, and Training Facilities2.02r US Support Facilities Overseas 3.00 SOW STRUCTURE 3.10 The Statement of Work (SOW) is structured to follow a standardized, modular format with selectedtext contained in designated paragraph blocks. Paragraph numbering is in ascending order but may benon-sequential and may skip blocks of numbers. This does not in and of itself denote missing text. Paragraphs (1.00) through (9.99) and Paragraphs (90.00) through (99.99) contain consistent groupings ofgeneral requirements (such as personnel qualifications, location of work, and general requirements) as wellas informational and explanatory text, whereas Paragraphs (10.00) through as far as (40.31) contain specifictechnical tasking. Not all blocks of paragraph numbers will be used. 3.20 The Statement of Work (SOW) in this Task Order is subdivided into separate subtask paragraphs. These are grouped to collect similar work and information under overall paragraph block headings asfollows: Paragraph 1.00 – BackgroundParagraph 2.00 – ScopeParagraph 3.00 – SOW StructureParagraph 4.00 – (Reserved)Paragraph 5.00 – Security ClearanceParagraph 10.00 – Integration and Installation SupportParagraph 20.00 – Software DevelopmentParagraph 30.00 – MK 92 Software Development and Technical SupportParagraph 40.00 – Technical Approach – Software Engineering ApproachParagraph 90.00 – General RequirementsParagraph 91.00 – Special Considerations. Paragraph 92.00 – (Not Used)Paragraph 93.00 – (Not Used)Paragraph 94.00 – General Deliverables.

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Paragraph 95.00 – (Not Used)Paragraph 96.00 – (Not Used)Paragraph 97.00 – (Not Used)Paragraph 98.00 – (Not Used) Paragraph 99.00 – Security.Paragraph 100.00 – Acronyms and Abbreviations

3.30 Paragraphs may exist at levels of indenture below the header paragraph sections shown above.

3.31 For example, a major component effort may be designated paragraph (20.00), with additionalinformation or sub-tasks in paragraphs (20.10), (20.20), (20.30), and so on. Further detail may beprovided for paragraph (20.20) in paragraphs (20.21), (20.22), (20.23), etc. Additional specification, forexample for paragraph (20.22), would be provided in paragraphs (20.22a), (20.22b), (20.22c) and on. Below this level of indenture, parenthetical numerals are used as in paragraphs [20.22b(1)], [20.22b(2)] and[20.22b(3)].

3.32 Within the narrative text of the SOW, paragraph numbers cited for reference appear in parentheses andbrackets: () or [].

4.00 RESERVED

5.00 SECURITY CLEARANCE

5.10 The highest classification level of the tasking in paragraphs 10.00 through 40.31 block is SECRET.

5.10a Classified document storage is not required. 5.10b Classified equipment storage is not required. 5.10c Communications Security (COMSEC) equipment will not be utilized. 5.10d Access to the Secure Internet Protocol Router Network (SIPRNET) is not required. 5.10e Access to intelligence is not required. 5.10f Access to Sensitive Compartmented Information (SCI) is not required. 5.10g Access to NATO information is not required. 5.10h Access to Foreign Government Information (FGI) is not required.

10.00 INTEGRATION AND INSTALLATION SUPPORT

10.10 Scope. Provide technical services in support of Next Generation Peripheral (NGP) and AdvancedOperating Control Device (AOCD) integration effort for US and FMS configurations.

10.20 Technical Planning

10.21 Develop, update, and maintain an NGP and AOCD verification checklist that addresses installationand verification steps involved to check and ensure that the AOCD program and the NGP OperatingEnvironment (OE) are correctly configured.

10.30 NGP and AOCD integration and Installation Support. Support Selected Restricted Availability(SRA), Docking Selected Restricted Availability (DSRA), Extended Selected Restricted Availability

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(ESRA), Regular Overhaul (ROH), Combat System Ship Qualification Trials (CSSQT), Flight TestMission (FTM) and any similar event requiring NGP and AOCD software integration and installationsupport. Tasks under this functional area include those specified in paragraphs (10.31) through (10.33)below.

10.31 Review, update, and maintain shipboard installation reference files such as configuration files andhost files for all ship integration and installation support. Files to be located in a Government providedshare drive.

10.32 Provide the onsite project engineer recommendations for the re solution of software problemsencountered by the install team to ensure the checklist identified in paragraph 10.21 is executed properly.

10.33 Provide, as required, status of the integration and installation and test effort to the onsiteGovernment project engineer via the onsite project lead. Reports shall be made by either written format(CDRL A001 applies) or verbally during report out meetings established by the onsite project engineer andonsite project lead. The onsite project engineer and the onsite project lead could be the same person.

10.40 Deliverables. See CDRLs in associated paragraphs.

10.41 For the task specified in paragraph 10.21, CDRL A002 applies. A copy of each updated NGP andAOCD verification checklist shall be delivered to the Product Line Lead and the Contracting OfficerRepresentative (COR). Provide the deliverable one week prior to travel.10.42 For the task specified in paragraph 10.30, CDRL A003 applies. Deliver a trip report for each NGPand AOCD integration and Installation Support.

10.50 Estimated Travel Requirements. Paragraph (10.51) specifies the estimated travel requirements forthe base year and for each option year, if exercised.

10.51 Integration and Installation support.

LOCATION # TRIPS # TRAVELERS DURATION

Norfolk, VA 2 1 10 days San Diego, CA 2 1 10 days Pearl Harbor, HI 4 1 14 days Yokosuka Area, Japan 2 1 10 days

20.00 SOFTWARE DEVELOPMENT

20.10 Scope. Provide engineering, technical and software programming services to support thedevelopment and test of new and maintenance software.

20.11 Provide NSWC PHD software programming personnel recommendations for the resolution ofsoftware problems, equipment configurations, and design configurations.

20.20 AOCD Software Engineering

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20.21 Investigate AOCD Software Trouble Reports (STRs) and provide written summary (CDRL A004applies) of the validity, priority and efforts necessary to resolve the STRs. 20.22 In conjunction with NSWC PHD software programming personnel, establish the AOCD sourcecode baseline along with the corresponding AN/UYQ-70 Operating Environment (OE) and develop a newmaintenance software version based on the identified STRs (CDRL A005 applies). 20.23 If a new AOCD software product line is being developed, the source code development will bebased on the Government furnished AOCD Software Requirements Document. 20.24 Provide AOCD engineering integration and test support. This task shall occur at one of thefollowing laboratory locations: Lockheed Martin Maritime systems & Sensors located at Moorestown NJ;Naval Surface Warfare Center Dahlgren Division located at Dahlgren VA. 20.30 New Software Engineering 20.31 Perform concept investigation (CDRL A006 applies) for advance peripheral software, includingresearch of product, concept, market maturity, advantage and disadvantage of product use with the USNavy systems, and requirements analysis. Provide recommendations based on concept investigation resultswhich may feed the system requirements specifications identified in paragraph 20.32. Respond to technicalquestions on products and ideas at Technical Interchange Meetings (TIM). 20.32 Develop the prototype (CDRL A005 applies) of the advance peripheral software, including design,coding, testing and System Requirement Specifications to meet the test objectives which are provided bythe Government. 20.33 Assist the Government in Installing and maintaining Government furnished hardware (NTDSinterface solutions) required to enable prototype software development and testing. The equipment willreside in the NSWC PHD AOCD laboratory room. 20.34 Provide the necessary engineering services to other DOD activities (such as end users) for theintegration of other data collection, data recording, or data transmission systems with the advanceperipheral software prototype. Assist the DOD activity, in identifying the changes to other systems inorder for their products to support interaction with the advance peripheral software prototype. 20.40 Deliverables. See CDRLs in associated paragraphs. 20.41 For the task specified in paragraph 20.21, CDRL A001 applies. Submit a report to the ProductLine lead and the COR. 20.42 For the task specified in paragraph 20.22 and 20.23, CDRL A005 applies. Deliver via CD-ROMformat and via a configuration software management tool (provided by the government) the source andexecutable code along with any accompanying files. Deliver the documentation package, via email, for eachSTR including, CM #1 form and test procedure for each STR assigned. Submit to the software project leadand COR. A due date will be assigned by the Government for each item at the beginning of the softwaredevelopment project.

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20.43 For the task specified in paragraph 20.24 and 20.34, CDRL A003 applies. Deliver a trip report five(5) days after completion of trip. Submit to the software project lead and COR. 20.44 For the task specified in paragraph 20.31, CDRL A006 applies. Deliver a white paper describing thefindings of the investigated concept. 20.45 For the task specified in paragraph 20.32, CDRL A005 applies. Deliver via CD-ROM format andvia a configuration software management tool (provided by the government), the source and executablecode along with any and all accompanying files. Deliver documentation package for each STR including,CM #1 form and test procedure for each STR assigned. If no STRs are included, submit only the testprocedures for the submitted source code. Submit to the software project lead and COR. A due date willbe assigned by the Government for each item at the beginning of the software development project. 20.50 Estimated Travel Requirements. Paragraph (20.51) and (20.52) specify the estimated travelrequirements for the base year and for each option year, if exercised. 20.51 Integration testing support. LOCATION # TRIPS # TRAVELERS DURATION Lockheed Martin, Moorestown, NJ 5 1 5 days 20.52 Technical Interchange Meetings (TIM). Due to the unknown locations of these meetings, the costestimate shall be done for Washington DC. LOCATION # TRIPS # TRAVELERS DURATION Washington DC 2 1 5 days 30.00 MK 92 SOFTWARE DEVELOPMENT AND TECHNICAL SUPPORT 30.10 Scope. Provide engineering, technical and software programming services in support of MK 92software development. 30.20 MK 92 Software Engineering 30.21 Investigate MK 92 STRs. Provide written summary (CDRL A004 applies) of the validity, priority, andefforts necessary to correct the STR. 30.22 In conjunction with NSWC PHD software programming personnel, support the establishment ofthe MK 92 source code baseline and develop a new software version based on the identified STRs (CDRLA007 applies). 30.23 Provide MK 92 software Integration Support. This task will occur at the following locations: PortHueneme Computer Program Maintenance Facility; the MK 92 Engineering Development Model located atMoorestown NJ; and the Royal Australian Navy Garden Island facility located in Sydney Australia.

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30.30 MK 92 Software Testing 30.31 Assist with the development of MK 92 Functional Test Procedures (FTP) to test new andmodified functionality (CDRL A008 applies). 30.32 Provide technical support during the execution of MK 92 Formal Testing. (CDRL A009 applies). 30.40 Deliverables. See CDRLs in associated paragraphs. 30.41 For the task specified in paragraph 30.21, CDRL A004 applies. Submit a report to the Product Linelead and the COR. 30.42 For the task specified in paragraph (30.22), CDRL A007 applies. Deliver to the Project lead and theCOR a completed documentation package including Program Performance Specification Redlines,Computer Program Operator’s Manual Redlines, completed CM #1 forms, test procedures and testedsource code. The tested source code shall be delivered and submitted via a CD-ROM and via the softwareconfiguration management tool (provided by the government). 30.43 For the task specified in paragraph (30.31), CDRL A008 applies. Deliver Preliminary FTPs forreview and Final FTPs upon completion of procedure proof in with Weapon Control Processor and testsuite. Submit using the MK92 FTP template format. 30.44 For the task specified in paragraph (30.32), CRDL A009 applies. Deliver sections of the SoftwareTest Report that document the results of testing the FTPs assigned. Use the STR format (provided by thegovernment) and submit electronically via email to the Project Line Lead and COR. 30.45 For the task specified in paragraph (30.32), Deliver STRs for all issue observed during testing. Usethe STR format and submit electronically via email to the Product Line Lead and COR (CDRL A009applies). 30.46 For the task specified in paragraph 30.23, CDRL A003 applies. Deliver a trip report five (5) daysafter completion of trip. Submit to the software project lead and COR. 30.50 Estimated Travel Requirements. Paragraph (30.51) specifies the estimated travel requirements forthe base year and for each option year, if exercised. 30.51 Integration testing support. LOCATION # TRIPS # TRAVELERS DURATION Lockheed Martin, Moorestown, NJ 1 1 10 days Royal Australian Navy Garden 1 1 15 daysIsland facility, Sydney, Australia 40.00 TECHNICAL APPROACH – SOFTWARE ENGINEERING APPROACH

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40.10 Scope. The contractor shall define a software development approach appropriate for the computersoftware effort to be performed under this solicitation, specifically SOW paragraphs: 20.21, 20.22, 20.23,20.24, 20.32, and 30.22. This approach shall be documented in a Software Development Plan (SDP). Thecontractor shall follow this SDP for all computer software to be developed or maintained under thiseffort.

40.20 Software Engineering

40.21 The SDP shall define the offeror’s proposed life cycle model and the processes used as a part ofthat model. In this context, the term “life cycle model” is as defined in IEEE/EIA std. 12207.0. The SDPshall describe the overall life cycle and shall include primary, supporting and organizational processes basedon the work content of this solicitation. In accordance with the framework defined in IEEE/EIA std.12207.0, the SDP shall define the processes, the activities to be performed as a part of the processes, thetasks which support the activities, and the techniques and tools to be used to perform the tasks. BecauseIEEE/EIA Std. 12207.0 does not prescribe how to accomplish the task, the offeror must provide thisdetailed information so the Navy can assess whether the offeror’s approach is viable.

The SDP shall contain the information defined by IEEE/EIA Std. 12207.1, section 5.2.1 (generic content)and the Plans or Procedures in Table 1 of IEEE/EIA Std. 12207.1. In all cases, the level of detail shall besufficient to define all software development processes, activities, and tasks to be conducted. Informationprovided must include, at minimum, specific standards, methods, tools, actions, strategies, andresponsibilities associated with development and qualification.

40.30 Deliverables. See CDRLs in associated paragraphs.

40.31 For the task specified in paragraph 40.21, submit a Software Development Plan to the ContractingOfficer’s Representative per CDRL A010.

90.00 GENERAL REQUIREMENTS

90.10 Scope. The (90.00) series paragraphs provide general requirements and amplifying information insupport of the specific tasking contained in paragraphs (10.00) through (40.31).

90.11 Contents. The (90.00) series paragraphs are organized as shown below.

Paragraph (91.00) – Special Considerations. Paragraph (91.10) – Safety and Environmental Protection. Paragraph (91.20) – Contractor Facility. Paragraph (91.30) – Hours of Operation and Location of Work. Paragraph (91.40) – Emergency Operations. Paragraph (91.50) – Points of Contact, Maps and Facility Drawings. Paragraph (91.60) – Emergent Travel. Paragraph (91.70) – Prioritization. Paragraph (91.80) – Provision of Support in Foreign Jurisdictions. Paragraph (91.90) – Government Furnished Property and Government Furnished

Information.

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Paragraph (92.00) – (Not Used) Paragraph (93.00) –(Not Used) Paragraph (94.00) – General Deliverables. Paragraph (95.00) – (Not Used) Paragraph (96.00) – (Not Used) Paragraph (97.00) – (Not Used) Paragraph (98.00) – (Not Used) Paragraph (99.00) – Security. 90.12 In any case not covered by the provisions of the (90.00) series block of paragraphs or the specifictasking elsewhere in this requirement, the contractor shall immediately consult the Contracting Officer’sRepresentative for the resolution of technical matters regarding the tasking and the Contracting Officer foradministrative and general matters. 91.00 SPECIAL CONSIDERATIONS 91.10 Safety and Environmental Protection 91.11 Safety 91.11a Contractor personnel shall comply with all applicable Department of Defense (DoD),Department of Navy (DoN), Occupational Safety and Health Administration (OSHA), NAVSEA, NavalBase Ventura County (NBVC), local installation and NSWC PHD safety instructions, policies, proceduresand guidance while on Government property at NSWC PHD, remote sites or travel destinations. Thecontractor shall request clarification of safety procedures and guidance from a Government safety observeror manager, a responsible Government employee or the Contracting Officer’s Representative (COR) in anycase where ambiguity or confusion may arise. 91.11b Contractor personnel shall immediately report all unsafe working conditions to a responsibleGovernment employee. 91.11c The contractor shall immediately notify the COR of any serious contractor personnel injuriesor deaths sustained in the performance of this requirement. Minor injuries not requiring immediate medicalattention shall be reported to the COR by the following business day. Notification shall be made by anypractical, reliable means available to the contractor. If the COR is not available, the contractor shall notifythe Contracting Officer instead and inform the COR as soon as is possible. The contractor shall cooperatewith all official investigations of injuries and deaths. However, nothing in this paragraph shall be sointerpreted as to deprive any person of due process or other civil rights.

91.12 Environmental Protection and Compliance

91.12a The contractor shall comply with all applicable Federal, State, and local laws and DoD, DoN,NAVSEA, NBVC, and NSWC PHD instructions, policies, procedures and guidance pertaining to theprocurement, handling, storage, transfer, use and disposal of hazardous material (HAZMAT) andHazardous Waste (HAZWASTE). 91.12b If handling of HAZMAT and HAZWASTE is required for the completion of the work in thisrequirement, the contractor shall contact the NSWC PHD or Department HAZMAT Coordinator not lessthan 1 week prior to commencing such work to ensure compliance with the latest procedures, includingthose for handling potential spills and maintaining appropriate Material Safety Data Sheets (MSDS).

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91.12c No HAZMAT and HAZWASTE shall be brought onto Government-owned and -leasedproperty unless such material is necessary for the completion of this requirement, is accompanied by acurrent MSDS, and is handled by properly trained and certified personnel, as applicable. 91.12d For all work involving HAZMAT and HAZWASTE to be performed on property owned orleased by the Government, the contractor shall provide the following: 91.12d(1) A list of HAZMAT items (CDRL B001 applies) to be used, the estimated quantity ofeach, and their Volatile Organic Component (VOC) rating (as applicable), to be provided to the COR andGovernment HAZMAT Coordinator not less than 3 weeks prior to commencing work. List shall beprovided via e-mail and the e-mail shall also include the requirements of paragraph (91.12g) 91.12d(2) A detailed plan, per CDRL B001, for the proper disposal of all HAZWASTE generatedduring the performance of the work, to be provided to the COR not less than 1 week prior to commencingwork. 91.12d(3) A detailed description of the engineering and supervisory controls to be used to minimizeboth human and environmental exposure to HAZMAT and HAZWASTE, to include a Storm WaterPollution Prevention Plan, to be provided to the COR per CDRL B001 not less than 1 week prior to thestart of work. 91.12d(4) A verification that spill kits will be on site, per CDRL B001, to be provided to the CORnot less than 1 week prior to the start of work. 91.12d(5) A list of employees who will be on site working with HAZMAT and HAZWASTE andtheir training record that qualifies them to perform and supervise this work, per CDRL B001, to beprovided to the COR not less than 1 week prior to the start of work. 91.12e Not less than 1 week prior to starting work involving HAZMAT, the Contractor shall verify tothe COR, per CDRL B001, that all the HAZMAT and their MSDSs are accounted for and properlystowed. If the contractor does not have possession of the necessary HAZMAT one week prior to thestart of work involving HAZMAT, or if an emergent requirement for HAZMAT is identified during theconduct of any tasking in this SOW, the contractor may not purchase and bring onto Government-ownedand -leased property such necessary HAZMAT without first notifying the contracting officer and theCOR and receiving written concurrence. Notification may be made by e-mail and must include all pertinentfacts relative to the HAZMAT, its purchase and handling, and its MSDSs. 91.12f All HAZWASTE generated by the contractor during the performance of this requirement shallbe the responsibility of the contractor to dispose of in accordance with applicable Federal, State and locallaws, regulations and instructions. 91.12g The contractor shall identify to the COR not less than 3 weeks prior to the start of workinvolving HAZMAT and HAZWASTE a qualified HAZMAT Coordinator who will monitor contractorstorage, transfer, handling, use and disposal of HAZMAT and HAZWASTE on Government-owned and-leased property. The contractor shall request clarification of HAZMAT and HAZWASTE proceduresand guidance from the Government HAZMAT Coordinator in any case where ambiguity or confusion mayarise. 91.12h The contractor shall identify to the COR when any work under this requirement is determinedor discovered to impact the protection of endangered plant or animal species, environmentally-sensitiveareas, or historically or culturally significant areas or artifacts prior to commencing such work. Notificationshall be provided via e-mail. 91.20 Contractor Facility 91.21 This effort does not require the contractor to establish or maintain an office.

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91.30 Hours of Operation and Location of Work 91.31 The standard hours of operation for the Port Hueneme site at which this requirement normally willbe performed are shown in paragraph (91.31a) below. 91.31a The standard hours of operation for NSWC PHD Port Hueneme site personnel are 0700-1700Pacific Time, Monday-Friday. The standard hours of operation for remote site and travel destination workplaces are determined locally and may vary. 91.32 Contractors Working at Government Facilities 91.32a Contractors shall not be present in Government facilities unless Government personnel arephysically present at all times to carry out security-related functions. Government-Owned Contractor-Operated (GOCO) facilities outside of NSWC PHD are exempt from this requirement if appropriate localGovernment authority permits. 91.32b Provision will be made by the Government to allow necessary building, site, and facility accessfor contractor personnel on weekends and Federal holidays when necessary to this requirement. Contractor personnel who must work weekends and Federal holidays but who do not require access toGovernment buildings, sites and facilities shall work at the contractor facility or such othernon-Government facility as may be determined by the contractor as appropriate for the conduct of thework under this requirement. 91.32c Contractors requiring routine or repeated access to NBVC under this procurement mayparticipate in the RAPIDGate program at their discretion as an alternative to securing daily base passes. Note that Common Access Cards (CACs) will not be issued to contractor personnel merely to allowconvenient access to NBVC as an alternative to securing daily base passes or participating in theRAPIDGate program. The provisions of paragraph (99.23) below apply with respect to issuing CACs. 91.33 Hours of operation may be altered at no notice as necessitated by Force Protection posture or as aresult of severe weather, disaster, fire, facility condition, security incident or other similar emergency orevent. 91.34 Extraordinary Leave Days and Excused Leave for Government Personnel 91.34a If an extraordinary day off, wherein Federal employees are excused from work with pay on whatwould be a normal work day without charge to leave, is granted to Federal employees by the direction ofthe President or an agency head, such as has occurred periodically on what would have been normal workdays adjacent to major Federal holidays or on the occasion of Presidential funerals or national days ofmourning, the contractor shall continue to provide contracted services in accordance with the requirementuntil and unless necessary access to Government buildings, ships, sites and other facilities is precluded dueto absence of Government personnel. 91.34b If the contractor personnel are unable to conduct their work at an assigned Government work placedue to an extraordinary day off or excused leave for Government employees, the contractor or anysubcontractors may be granted paid or unpaid leave to its affected employees in accordance their companypolicies or any collective bargaining agreement (CBA) that may apply. 91.34c If administrative leave is granted to Government personnel at or near the end of normal work days

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adjacent to Federal holidays, weekends, other special days, or as part of special events or observances, theprovisions of paragraphs (91.34a) through (91.34b) above shall apply to contractors. Administrative leaveis normally granted to Government personnel in the form of 59 minutes of excused absence from the workplace per instance. 91.34d Estimated Extraordinary Leave and Excused Leave. For information purposes only, the granting ofone extraordinary leave day per year is typical, normally adjacent to the Christmas Holiday, and instancesof granting 59 minutes of administrative leave to Government personnel typically occurs two to threetimes per year. 91.35 Location of Work. The Government shall provide the contractor workspace for performance of thetask at NSWC PHD, 4363 Missile Way, Port Hueneme, California, in Buildings 1388 and such otherlocations within the NSWC PHD perimeter as required by the location of the work. The remainder of thework shall be performed at the travel destinations identified in paragraphs (10.00) through (30.51) above.An estimated amount of 80% of this effort will be performed on site at NSWC PHD. 91.40 Emergency Operations 91.41 In the event normal access to any part of the NSWC PHD command or any Government-ownedremote site or travel destination is closed as a result of fire, flood, severe weather, power failure, loss ofother utilities, force protection posture, terrorist activity, military action, natural or man-made disaster,civil unrest, or other emergency resulting in Government personnel being dismissed or dispersed to otherfacilities, affected contractor personnel shall be relocated or otherwise directed away from the emergency ordisrupted area by the contractor. The contractor shall communicate with the COR as soon as is safelypossible to determine whether and when Government facilities may be once again available for use byappropriate contractor personnel. If the COR cannot be reached, the contractor shall contact theContracting Officer. If Government facilities cannot be made available for contractor use by the start of thefollowing business day, contractor personnel shall be relocated as directed by the contractor who shallconfer with the Contracting Officer at the earliest possible opportunity to make alternative facilityarrangements for the continuation of contracted work. 91.42 When contractor personnel cannot access Government facilities for reasons described in paragraph(91.41) above, contractor personnel shall not continue performing the requirement of this SOW. 91.42b If the use of alternative facilities is not possible for safety, security, technical and cost reasons,the contractor or subcontractors may at their discretion grant paid or unpaid leave to its affectedemployees in accordance with their company policies and any CBA that may apply. 91.43 Emergency Muster Reports. In the event of large-scale or widespread emergencies, or emergenciesconfined to highly populated areas, either in the United States or overseas, the Government may, at itsdiscretion, request an Emergency Muster Report for contractor personnel. 91.43a In the event a muster report is requested, the contractor will, within one working day ofreceiving the request, report to the COR or other point of contact designated by the COR the names,geographical locations, and physical status of the contractor personnel assigned to this procurement perCDRL B002. Physical condition shall be described as “Mustered – unharmed,” “Mustered – injured,”“Missing,” “Deceased,” or “Unknown” as applicable to the situation. Follow-on update reports may be

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requested as the emergency develops. 91.43b Privacy Act Statement: The information gathered shall be used by the Government exclusivelyfor the purposes shown in paragraphs [91.43b(1)] through [91.43b(3)] below. Provision of thisinformation by the contractor and by contractor personnel is voluntary and declining a muster shall, byitself, not be considered relevant to the performance of this requirement. 91.43b(1) Cooperation with emergency personnel in rescue and recovery efforts. 91.43b(2) Determining whether personnel with security clearances and access to classifiedinformation are missing, particularly if missing overseas. 91.43b(3) Managing impacts to Government mission areas relative to the tasking in therequirement.

91.50 Points of Contact, Maps and Facility Drawings.

91.51 Points of Contact. See Section G.

91.52 Maps and Facility Drawings. For reasons of security and force protection, maps and facilitydrawings may be provided by the Government only to contractors making written requests for suchinformation. Requests shall be addressed to the COR after receipt of order. The Government retains theright to deny any and all such requests.

91.60 Emergent Travel. Emergent travel shall be coordinated with the COR prior to travel. Thecontractor shall inform the COR via electronic mail of the purpose of travel, Government POC, number ofpersons traveling, destination, estimated duration and cost in terms of both hours and dollars.

91.70 Prioritization

91.71 Weekly meetings may be held between the COR and the contractor to prioritize the technicalrequirements of paragraphs (10.00) through (40.31) above.

91.80 Provision of Support in Foreign Jurisdictions

91.81 Foreign Military Sales Case Citation. In providing FMS support under any of the paragraphs ofthis SOW from (10.00) through (89.99) inclusive, the contractor shall ensure all FMS services and productsdelivered are in support of specific FMS cases to be identified in consultation with the technical code andthe COR.

91.82 Status of Forces Considerations. When providing support under this SOW within foreign nationaljurisdictions, whether for FMS or USN tasking, the contractor shall comply with the requirements ofparagraphs (91.82a) through (91.82d) below.

91.82a Definitions. Paragraphs [91.82a(1)] through [91.82a(3)] provide definitions of terms for useonly in meeting this requirement and shall have no bearing on the interpretation of these terms outside ofthis requirement. 91.82a(1) For the purposes of paragraphs (91.82b) through (91.82d) below, the phrase “immediateUnited States jurisdiction” shall be understood to refer to the territory of the United States and itspossessions; the ships, submarines, vessels and aircraft of the United States Government; the embassies,consulates and other diplomatic missions of the United States; and any other territory, edifice or

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conveyance over which the United States exercises national sovereignty. 91.82a(2) For the purposes of paragraphs (91.82b) through (91.82d) below, the phrase “foreignnational jurisdiction” shall be understood to refer to the territory of a foreign sovereign nation and itspossessions; the ships, submarines, vessels and aircraft of such nation; the embassies, consulates and otherdiplomatic missions of such nation; and any other territory, edifice or conveyance over which such nationexercises national sovereignty, with the exception of foreign Government ships in United States territorialseas and internal waters and foreign government aircraft in United States air space. 91.82a(3) The term “Status of Forces Agreement” (SOFA) shall, for the purposes of this SOW,include not only actual Status of Forces Agreements (SOFAs) but also Visiting Forces Agreements (VFAs),Memoranda of Understanding (MoUs) and any other similar agreement, however titled, that governs,defines or clarifies the circumstances and terms under which United States armed forces, civil servants, andtheir supporting contractors are allowed to operate within foreign territory or national jurisdiction andwhich normally addresses issues pertaining to the presence and activities of United States forces andnationals, including matters pertaining to civil and criminal jurisdiction. 91.82b The contractor shall ensure that all support provided at any location outside immediate UnitedStates jurisdiction, whether ashore in a foreign country or territory, afloat in a foreign vessel, airborne in aforeign aircraft, or otherwise under foreign national jurisdiction, shall comport with the contents of theSOFA applicable to that country or countries. The contractor shall brief its personnel providing suchsupport on the pertinent contents of the applicable SOFA(s) prior to their departure for the foreignjurisdiction(s). 91.82c Where support under this SOW is provided in a foreign national jurisdiction wherein no SOFAis in force, the contractor shall brief its personnel on that fact prior to their departure for that foreignjurisdiction. The contractor shall report the lack of a SOFA to the COR prior to the departure of suchpersonnel for the foreign jurisdiction(s). Contractor personnel shall attend applicable SOFA indoctrinationtraining at host facilities if available. 91.82d The contractor shall submit to the COR a written report explaining the circumstances anddisposition, if known, of any incident within a foreign national jurisdiction wherein its personnel arearrested, detained or otherwise taken into custody by US or foreign government personnel, whether duringor outside working hours. The report shall be made not later than 2 business days after the contractorbecomes aware of the incident and may be made by e-mail or in hard copy format per CDRL B003. Thecontractor shall ensure the COR has received the report and is aware of its subject. If the COR is notavailable, the contractor shall make such report to the Contracting Officer with copy to the COR. Thecontractor shall provide updated reports to the COR as the incident develops, unless this requirement iswaived by the COR. Reports shall include the following information about the incident, if available to thecontractor at the time of the report: 91.82d(1) Name(s) of contractor personnel involved. 91.82d(2) Name(s) of US Government personnel involved, if any. 91.82d(3) Whether foreign nationals were involved and their names and nationalities, if known. 91.82d(4) Whether US or foreign law enforcement personnel were involved. 91.82d(5) Whether US citizens or foreign nationals were injured or killed. 91.82d(6) Whether US diplomatic missions or personnel were notified of the incident, and bywhom. 91.82d(7) Whether any local US military command was notified of the incident and by whom. 91.82d(8) Whether the contractor personnel remain in the foreign jurisdiction or have traveledelsewhere. 91.82d(9) Brief description of incident to include date(s), time(s) and locations(s), as applicable. 91.82d(10) What action, if any, the contractor has taken to dispose of the incident.

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91.82e These reports are for information only and nothing in the (91.82) series paragraphs shall be sointerpreted as to deprive any personnel of due process or other civil rights. Where provision of thisinformation, or any part of it, to the Government may be felt by the contractor or the contractor personnelto limit or infringe such rights, the contractor shall first contact the COR for clarification. If the COR isnot available, the contractor shall instead contact the Contracting Officer. 91.82f Unless specifically required by the terms of a particular SOFA, or unless required by other USlaw, instruction or policy, the Government will not provide legal representation abroad to contractorpersonnel taken into custody, detained or prosecuted by a host nation law enforcement agency. 91.90 Government Property and Facilities

91.91 Scope. Contractor personnel working in Government buildings and occupying Government spaceswill be granted use of Government Furnished Property (GFP) to the extent necessary to perform therequirements of this procurement as defined in paragraphs (91.92) through (91.95) below. Access toGovernment Furnished Information (GFI) is governed by the provisions of paragraph (99.00) below and ofthe Department of Defense Contract Security Classification Specification, DD Form 254, attached to thisrequirement.

91.92 Office Space and Furnishing. Contractor personnel occupying Government spaces will be allowedrent-free office space comparable to that provided nearby Government personnel performing broadlysimilar functions. The contractor will have necessary use of office furnishings with desks or cubicles,chairs, and file cabinets. Navy Marine Corps Intranet (NMCI) computers and landline telephones will bemade available for official use only by contractor personnel at the Government site. Contractor personnelshall be responsible for complying with security regulations regarding telephone, e-mail and Internet use. GFP

91.93 GFP/GFI will be provided to the contractor in order to support SOW Tasking. All GFP/GFI will beprovided to the contractor in the laboratories described within paragraphs 10.21, 20.21, 20.22, 20.23,20.31, 20.32, 20.33, 20.34, 30.21, 30.22, and 30.31.

92.00 NOT USED 93.00 NOT USED 94.00 GENERAL DELIVERABLES 94.10 Classified deliverables, if required by this procurement, shall be processed and handled in accordancewith the attached Department of Defense Security Classification Specification, DD Form 254; in all caseswherein the provisions of Section C of this procurement are in disagreement with the Department ofDefense Security Classification Specification, DD Form 254, the latter document shall be authoritative. 94.20 General Procurement Deliverables. In addition to deliverables specified in paragraphs (10.00)through (89.99) (if included in the SOW) above, the contractor shall provide the following deliverables. 94.20a Security List. List of personnel with their security clearances, due to the COR 10 businessdays after procurement award per CDRL B004. 94.20b Monthly Status Reports. Report shall include technical accomplishments and expenditures

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(labor hours, travel, and material) and a list of personnel working the procurement by paragraph. Due tothe COR NLT the 5th of each month per CDRL B005. 94.20c On-Site Reports. 94.20c(1) Personnel Assignment Report. Monthly report of contractor personnel assigned todesks, work stations and seats in any or all NSWC PHD buildings, including temporary buildings,highlighting gains and losses and including physical location (building), telephone number and specific AirDominance Department organizational code supported. Due to the COR NLT the 5th of each month perCDRL B005. 94.20c(2) CAC Return Report. The contractor is responsible for ensuring the return of all basepasses, identification cards, and CACs issued their employees to Security upon contractor employeeseparation or the termination of this procurement; report of the return of the CAC to Security shall bemade in writing to the COR within the monthly reporting period of separation for the contractor employeeor termination of this procurement. This report shall be submitted per CDRL B005. 94.20d Product List. List of products (plans, databases, reports, and papers) produced and deliveredto the Government during the month by SOW paragraph, due to the COR NLT the 5th of each month perCDRL B005. 94.20e Trip Reports. Trip reports shall include purpose, outcome, issues, action items, open itemsand recommendations, due 5 business days after completion of travel or as specified in the individualparagraphs (10.00) through (89.99) per CDRL A003. 94.20f Emergency Muster Reports. See paragraph (91.43). 94.20g Training completion reports as identified in paragraph (99.92) per CDRL B007. 94.20h Miscellaneous Documents and Reports. Provide recommendations, areas of concern, possiblesavings in time or monies, and personnel changes, due NLT the 5th of each month per CDRL B005. 94.30 Funding Reports. The contractor shall deliver to the COR a Monthly Funding Report showingpersonnel working the procurement by paragraph number, labor category, labor rate, regular labor hoursand overtime labor hours, travel, and material per CDRL B005. No later than 60 calendar days prior to theplanned completion of this order, the contractor shall deliver to the COR and the contracts specialist aCompletion Funding Report, CDRL B006, showing the following funding status identified by ContractLine Item Number (CLIN) and major tasking paragraph heading: 94.30a Remaining ceiling; 94.30b Balance of funding available on the order; 94.30c Balance of funding required to complete the order on schedule; 94.30d Anticipated de-obligation amounts, if any; and 94.30e All other funding matters affecting completion of the order 95.00 NOT USED 96.00 NOT USED 99.00 SECURITY 99.01 Contents. The (99.00) series paragraphs are organized as shown below. Paragraph (99.01) – Contents Paragraph (99.10) – Security Requirements Specification

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Paragraph (99.15) – Security Clearances Paragraph (99.20) – General Security Procedures Paragraph (99.30) – Information Protection Paragraph (99.40) – Operations Security (OPSEC) Paragraph (99.50) – “For Official Use Only (FOUO)” Information Paragraph (99.60) – COMSEC Paragraph (99.70) – SIPRNET Paragraph (99.80) – Not Used Paragraph (99.90) – Training Requirements 99.10 Security Requirements Specification 99.10a This procurement does not require access to communications security (COMSEC) equipment. 99.10b This procurement does not require access to intelligence information (INTEL). 99.10c This procurement does not require access to Sensitive Compartmented Information (SCI). 99.10d This procurement does not require access to North Atlantic Treaty Organization (NATO)information. 99.10e This procurement does not require access to the Secure Internet Protocol Router Network(SIPRNET). 99.10f This procurement does require access to Operations Security (OPSEC) Sensitiveinformation. Applicable to SOW Paragraph(s) 10.00 through 40.31. 99.10g This procurement does not require access to Foreign Government Information (FGI) includingclassified information. 99.15 Security Clearances. 99.15a Contractor personnel shall obtain and maintain at a minimum a security clearance level of SECRETto work on this requirement. Clearance shall be maintained for the duration of this procurement. 99.15b A list of personnel and their security clearances on file shall be delivered to the COR no later than10 business days following award and shall be updated with the monthly personnel listing deliverable perCDRL B004. 99.20 General Security Procedures 99.21 Contractor personnel shall comply with all DoD, DoN, NAVSEA, NBVC, NSWC, local Navyinstallation and NSWC PHD security instructions, policies, procedures and guidance as they apply to thecontractor both on and off Government property at NSWC PHD, remote sites or travel destinations, toinclude following established check-in and check-out procedures of all contractor personnel occupying

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Government facilities or otherwise requiring physical access to Naval Base Ventura County, and NSWCPHD. The provisions of paragraph (99.25) below apply to check-out procedures. 99.22 (Not Used) 99.23 Common Access Cards 99.23a CAC issuance is at the discretion of the Government. The Government reserves the right tochange the criteria for CAC issuance at any time without notification to the contractor. The contractor isresponsible for ensuring the return of all CACs issued their employees to Naval Base Ventura CountySecurity upon contractor employee separation, the expiration of this procurement and the termination ofthis procurement as required in paragraph (99.24) below. Reports of the status of contractor personneloccupying NSWC PHD facilities and of the return of CACs shall be made in accordance with paragraphs[94.30c(1)] and [94.30c(2)] respectively, above. 99.23b CACs will normally be issued only to individual contractor personnel who are assigned to thisrequirement and who meet at least one of the three following criteria: 99.23b(1) The individual requires access to multiple DoD facilities or access to multiple non-DoDFederal facilities on behalf of the Department on a recurring basis for a period of 6 months or more. Notethat CACs will not be issued to contractor personnel merely to allow convenient access to NBVC as analternative to securing daily base passes or participating in the RAPIDGate program. See paragraph(91.32) above. 99.23b(2) The individual requires both physical access to a DoD facility and access, via logon, to aDoD network. Access to a DoD network must require the use of a computer with a Government-controlled configuration located in a DoD facility or use of a DoD approved remote access procedure. 99.23b(3) The individual requires remote access to DoD networks that use only the CAC logon foruser authentication. 99.23c The contractor is responsible for ensuring its personnel meet all Government requirements forCAC issuance, including possession of an appropriate final security clearance. 99.24 Government Facilities. The provisions of paragraph (91.32) above apply to contractor personnelworking at Government facilities. 99.25 Rescission of Access to Government Facilities 99.25a Access to Government facilities is at the discretion of the Government. The Governmentreserves the right to rescind access by contractor personnel to Government facilities at any and all timesand without presenting reason. 99.25b In each instance when contractor employees depart Naval Base Ventura County at the end oftheir employment with the company or firm, at the end of the Period of Performance (PoP) of thisprocurement, upon their transfer to another procurement, and upon being denied access to Governmentfacilities for whatever reason, the contractor shall ensure the prompt return to the Government of all of thefollowing materials in the possession of that employee: 99.25b(1) Government-owned keys to desks, offices, etc. 99.25b(2) CACs, except for CACs issued to retired military personnel and retired civil servants onthat basis 99.25b(3) Base Passes, except for passes issued to retired military personnel and retired civil servantson that basis

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99.25b(4) Base stickers for the employee’s vehicles, except for stickers issued to retired militarypersonnel and retired civil servants on that basis 99.25b(5) GFP and GFI, with special attention to Information Technology equipment, CriticalInformation (CI) and Critical Program Information (CPI). 99.25b(6) Courier pass, if issued to the departing employee 99.25c In executing the provisions of paragraph (99.24b) above, the contractor may collect the materialslisted in that paragraph and return them to the custody of an appropriate Government employee or directthe contractor employee to surrender these items at the Naval Base Ventura County Security Office,whichever is appropriate to the circumstances. In all cases the contractor shall follow current Naval BaseVentura County and NSWC PHD Security instructions appropriate to the circumstances. 99.26 Emergency Operations. The provisions of paragraph (91.40) above apply to emergency operationsunder conditions of heightened security and Anti-Terrorism Force Protection posture. 99.27 Isolated Personnel Reporting. Contractor personnel traveling to the Area of Responsibility (AOR)of the United States Pacific Command (PACOM) and other Unified Combatant Commands (UCCs),excepting a US territory, shall complete an Isolated Personnel Report (ISOPREP) or other similardocument specified by the UCC when required as a precondition to entering the AOR on official businessunder this requirement. 99.30 Information Protection 99.31 Contractor personnel granted access to the NMCI network will be required to complete NavyInformation Assurance (IA) or comparable training, at the Government’s discretion, and complete and signappropriate IA forms required to be granted continued access to Government information technologynetworks. 99.32 Contractor personnel occupying NSWC PHD facilities, and contractor personnel who routinelyvisit NSWC PHD facilities, may, at the Government’s discretion, be required as a condition of access tosaid facilities to sign a Certificate of Non-Disclosure (CND), also referred to as a Non-DisclosureAgreement (NDA), to protect classified and unclassified Government financial and other business sensitiveinformation they may become aware of through proximity to Government personnel, information andspaces. Contractor personnel may, at the Government’s discretion, be required to sign a CND (or NDA)to protect financial and other proprietary information pertaining to other contractors if the completion ofthe tasking in this SOW necessitates access to such information. If required, the COR shall issueCNDs/NDAs to the contractor, who will return signed CNDs/NDAs to the COR within three businessdays. The provisions of Section H of this procurement pertaining to Non-Disclosure Statements, CNDsand NDAs apply. 99.40 Operations Security 99.41 Background. Operations Security (OPSEC) is a process for protecting unclassified sensitiveinformation from exploitation by an adversary. Sensitive unclassified information – which is also referredto as Critical Information (CI) or Critical Program Information (CPI) – is defined as information that is notclassified but which needs to be protected from unauthorized disclosure. Examples are information labeled“For Official Use Only (FOUO),” proprietary information, contractor sensitive information, limiteddistribution information, and Personally Identifiable Information (PII).

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99.42 The contractor and all subcontractors shall provide OPSEC protection for sensitive unclassifiedinformation as identified in the Critical Information (CI) List [see paragraph (99.45)], and the attachedCritical Program Information (CPI) List if applicable. The prime contractor and all subcontractors shallemploy the countermeasures listed in paragraph (99.47) below in order to protect that information. Additional countermeasures may be employed as necessary. If an OPSEC Plan is provided, the contractorand all subcontractors shall comply with that plan. These OPSEC requirements will be in effectthroughout the life of the procurement from award through the conclusion of services at the end of thePeriod of Performance (PoP) or other procurement termination. If required, the contractor and allsubcontractors shall prepare their own OPSEC Plan in accordance with the DD Form 1423-1, ContractData Requirements List (CDRL). 99.43 All prime contractors and subcontractors shall comply with PHDNSWCINST 3432.1A OperationsSecurity. (PHDNSWCINST 3432.1A is available on the NSWC PHD Portal. Contractors without Portalaccess may request a copy of this document from the Contracting Officer.) All prime contractor andsubcontractor personnel assigned to this requirement shall complete the mandatory annual OPSEC trainingprovided by the Government no later than 30 September of each year. Prime contractors and theirsubcontractors will report to PHD NSWC by 15 October each year the number of their employeesassigned to this procurement who were trained, the number remaining to be trained, and the completionpercentage. Failure to comply with the requirement for mandatory annual OPSEC training may result intermination of the procurement and may be reported as non-compliant with NAVSEA OPSECrequirements. The prime contractor and all subcontractors shall comply with the Navy’s InformationAssurance and Personnel Security Requirements for Accessing Government Information Technology (IT)Systems. 99.44 Contractor personnel shall follow Operations Security (OPSEC) concepts and principles in theconduct of this requirement to protect Critical Information [see paragraph (99.45) below], personnel,facilities, equipment and operations from compromise. The contractor shall consult with the COR within5 working days of receipt of order to determine all special circumstances affecting OPSEC under thisrequirement. In any case where there is uncertainty or ambiguity regarding OPSEC measures, thecontractor shall consult the COR as soon as possible. If the COR is unavailable, the contractor shallconsult the contracting officer instead. The prime contractor and all subcontractors shall provide OPSECprotection for sensitive unclassified information and comply with all OPSEC guidance in accordance withthe references in paragraphs (99.44a) through (99.44d) below:

99.44a PHDNSWCINST 3432.1A Operations Security 99.44b PHD NSWC DD 254 OPSEC Supplement 99.44c Program OPSEC Plan (if applicable) 99.44d All OPSEC requirements as identified in the this Statement of Work (SOW). 99.45 Critical Information. Critical information is specific facts about the intentions, capabilities,operations, or activities of NSWC PHD and its supporting contractors needed by adversaries orcompetitors to plan and act, so as to guarantee failure or unacceptable consequences for missionaccomplishment. The items in paragraphs (99.45a) through (99.45r) below are deemed to be generalCritical Information (CI) for the purposes of this requirement. 99.45a Force Protection countermeasures

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99.45b Information Technology (IT) network vulnerabilities and defenses 99.45c Employee personal information, including Social Security Number (SSN), home address, hometelephone number, family information, financial data, and similar sensitive information which mightcontribute to identity theft and the breach of DoD security systems. 99.45d Engineering processes 99.45e Budgetary and financial information 99.45f Overseas travel 99.45g Content of DoD and contractor portals 99.45h Passwords and combinations 99.45i Counterintelligence measures 99.45j Combat systems capabilities 99.45k Combat systems vulnerabilities and limitations 99.45l Test and evaluation (T&E) schedules 99.45m Self Defense Test Ship (SDTS) configuration, schedules and movements 99.45n Ships’ schedules and movements, including port visits 99.45o Ships’ readiness and material condition, including casualty report (CASREP) status; CombatSystems Ship Qualification Trial (CSSQT) events, scenarios and schedules; and other information thatcould be used to determine a ship’s combat readiness and deduce movements. 99.45p New combat systems technologies and demonstrations 99.45q Technical documentation 99.45r DoD, Navy, NAVSEA, NSWC and NSWC PHD website pages and contents, except public-facing contents 99.45s Location, deployment, movements, capabilities, vulnerabilities and readiness condition of US,allied and friendly forces worldwide 99.46 Minimum Protection Requirements for Critical Information. Critical information is exempt frompublic release under Exemption 2 [high (b) (2)] of the Freedom of Information Act (FOIA). It is designated“For Official Use Only (FOUO)” and is considered controlled unclassified information. The followingInformation Security requirements apply:

99.46a Controlled Unclassified Information (CUI): Controlled unclassified information (CUI) is officialinformation that requires the application of controls and protective measures for a variety of reasons andhas not been approved for public release, to include technical information, proprietary data, informationrequiring protection under the Privacy Act of 1974, and Government-developed privileged informationinvolving the award of contracts. CUI is a categorical designation that refers to unclassified informationthat does not meet the standards for National Security Classification under Executive Order 12958, asamended, but is (a) pertinent to the national interest of the United States or to the important interests ofentities outside the Federal Government, and (b) under law or policy requires protection from unauthorizeddisclosure, special handling safeguards, or prescribed limits on exchange or dissemination. 99.46b Minimum Requirements for Access to Controlled Unclassified Information (CUI): Prior toaccess, contractor personnel requiring access to DoN controlled unclassified information (CUI) or "userlevel access to DoN or DoD networks and information systems, system security and network defensesystems, or to system resources providing visual access and/or ability to input, delete or otherwisemanipulate sensitive information without controls to identify and deny sensitive information" who do nothave clearance eligibility are required to submit a Questionnaire for Public Trust Positions (Standard Form85P) through the cognizant Facility Security Officer or contractor entity representative for a suitabilitydetermination by DoN Central Adjudication Facility.

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99.46c Minimum Protection Requirements for Controlled Unclassified Information (CUI): Contractdeliverables taking the form of unclassified limited-distribution documents [e.g., “For Official Use Only(FOUO),” Distribution Statement Controlled] are not authorized for public release and therefore shall notbe posted on a publicly accessible web server or electronically transmitted via electronic mail unlessappropriately encrypted.

99.47 Countermeasures. Countermeasures to Critical Information exploitation are required to negate thesusceptibility of critical information to exploitation by an adversary or competitor. The contractor shallprotect all CI listed in paragraph (99.45) above in a manner appropriate to the nature of the information,including use of the countermeasures listed in paragraphs (99.47a) through (99.47k) below, as applicable toeach specific item of CI: 99.47a Encryption of electronically-stored CI. 99.47b Encryption of e-mail containing CI. 99.47c Storage of hard copy CI, optical media and external hard drives in locked containers when not inuse. 99.47d Transmission of CI to the minimum set of recipients with a need to know. 99.47e Proper marking of CI with warnings to include at a minimum “FOR OFFICIAL USE ONLY”; asappropriate to the nature of the CI it shall also be marked with “UNCLASSIFIED BUT SENSITIVE,”“PRIVACY ACT INFORMATION,” “PERSONALLY IDENTIFYING INFORMATION,” “PROTECTFROM UNAUTHORIZED DISCLOSURE” or other similar statements cautioning protection of the CI. 99.47f Restricting disclosure of CI at meetings and conferences (including teleconferences) to theminimum necessary to the performance of this requirement. 99.47g Immediate and appropriate destruction in a manner precluding reconstruction of all CI no longerneeded under this requirement. 99.47h Restricting verbal discussion of CI to venues and circumstances that prevent the monitoring andinterception of the discussion by unauthorized personnel. 99.47i Maintaining current, successful completion of Navy-mandated Information Assurance (IA) andOPSEC training by all personnel handling CI. 99.47j Refraining from the use of unencrypted cellular telephones to transmit CI. 99.47k Refraining from the use of foreign postal systems to ship CI. 99.47l Promptly retrieving documents containing CI printed on printers accessible by persons without aneed to know the CI. 99.47m Use of cover pages or other appropriate means to prevent the viewing of CI by unauthorizedpersons. 99.47n Limiting the inclusion of CI in contract and budget documents, presentations, press releases andother publications to that which is essential to the performance of this requirement. 99.47o Use of protected databases and strong passwords and the protection of user identifications(UserIDs). 99.47p During test and evaluation events (as applicable to this requirement) practice OPSECmethodologies with respect to staging units, personnel and materials out of the observation of unauthorizedpersons; desensitization; and the speed of execution of the event.

99.48 Specific Critical Program Information. Paragraph (99.45) contains the generic categories of CriticalInformation to be protected under this requirement. For reasons of Operations Security, Critical ProgramInformation (CPI) will not be identified to offerors prior to award. CPI will be identified to thesuccessful offeror only after receipt of order.

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99.49 Compromise. The contractor shall notify the COR within one business day of all known andsuspected compromises of CI. If the COR cannot be reached, the contractor shall notify the contractingofficer instead. Notification can be made by any means consistent with the protection of the subject CI. 99.50 “For Official Use Only (FOUO)” Information 99.50a The “For Official Use Only (FOUO)” marking is assigned to information at the time of itscreation. It is not authorized as a substitute for a security classification marking but is used on officialGovernment information that may be withheld from the public under exemptions 2 through 9 of theFreedom of Information Act (FOIA). 99.50b Use of FOUO markings does not mean that the information can’t be released to the public, onlythat it must be reviewed by the Government prior to its release to determine whether a significant andlegitimate government purpose is served by withholding the information or portions of it. Review ofFOUO information provided by, and created under contract to, NSWC PHD must be reviewed by NSWCPHD. 99.50c All UNCLASSIFIED documents created under this procurement that contain FOUOinformation will be marked “FOR OFFICIAL USE ONLY” on the bottom of the cover page and interiorpages. 99.50d Classified documents containing FOUO do not require any markings on the cover of thedocument. However, the interior pages containing only FOUO information shall be marked at the top andbottom center with “FOR OFFICIAL USE ONLY.” Only unclassified portions containing FOUO shall bemarked with “(FOUO)” immediately before each unclassified FOUO portion. 99.50e All FOUO information released to the contractor by NSWC PHD will be marked with thefollowing statement prior to transfer: THIS DOCUMENT CONTAINS INFORMATION EXEMPT FROM MANDATORY DISCLOSURE UNDER THE FOIA. EXEMPTIONS(S) ______ APPLY. Removal of the FOUO marking may be accomplished only by the originator or other competent authority. The contractor SHALL NOT REMOVE ANY FOUO MARKING WITHOUT WRITTENAUTHORIZATION FROM NSWC PHD OR THE AUTHOR. The Government will notify thecontractor when the FOUO status is terminated. 99.50f The contractor is authorized to disseminate FOUO information to its employees and team mateshaving a need to know the information in order to accomplish the requirements of this procurement. 99.50g During working hours, reasonable steps shall be taken to minimize the risk of access to FOUOinformation by unauthorized personnel. FOUO information shall be placed in an out-of-sight location ifthe work area is accessible to persons who do not have a need to know the information in order to performthe requirements of this procurement. During nonworking hours, the FOUO information shall be stored ina locked desk, file cabinet, bookcase, rooms, or other lockable container or space affording reasonableprotection from unauthorized disclosure. 99.50h FOUO information may be transmitted via US postal service first-class mail, parcel post andfourth-class mail for bulk shipments only. The contractor shall not permit FOUO information to enterforeign postal systems and parcel delivery systems. 99.50i When no longer needed, FOUO information shall either be returned to appropriate Governmentcustody or destroyed in a manner precluding reconstruction of the information and then and placing it inthe regular refuse or recycle container or in an uncontrolled burn container.

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99.50j Electronic transmission of FOUO information (via voice, data, or facsimile transmission) shall beby approved secure communications systems. If circumstances preclude the use of such a system, thecontractor shall consult the COR; if the COR is not available and time requirements do not permit delay,the contractor shall consult the contracting officer. 99.50k Unauthorized disclosure of FOUO information does not constitute a security violation but thecontractor shall inform the COR within one business day of all known and suspected compromises ofFOUO information. If the COR cannot be reached, the contractor shall notify the contracting officerinstead. Notification can be made by any means consistent with the protection of the subject FOUOinformation. The unauthorized disclosure of a FOUO information protected by the Privacy Act mayresult in criminal sanctions. 99.60 Not Used. 99.70 Not Used. 99.80 Not Used. 99.90 Training Requirements 99.91 The contractor shall comply with all of the security requirements outlined and referenced in theDepartment of Defense Contract Security Classification Specification, DD Form 254 and its attachments. 99.92 The contractor shall require all prime contractor and subcontractor personnel performing thisrequirement to successfully complete the following training at the frequency listed in paragraphs (99.92a)and (99.92b) below and maintain currency of training for the duration of the Period of Performance:

99.92a Basic Training Specified of All Requirements TRAINING FREQUENCY OPSEC Once per fiscal year Information Awareness Once per calendar year

99.92b Specialized Training Required for this Requirement TRAINING FREQUENCY

Anti-Terrorist Force Protection Once per calendar year Courier Once per calendar year 99.92c The training requirements specified in paragraphs (99.92a) and (99.92b) above shall apply onceto each contractor employee per course per period (“FREQUENCY”) regardless of the number of NSWCPHD procurements to which the individual contractor employee is assigned. Completion of each trainingrequirement for one NSWC PHD procurement shall meet the training requirements for all NSWC PHDprocurements within the period specified (“FREQUENCY”). 99.93 The contractor shall maintain a list of personnel who have completed the training specified in

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paragraph (99.92) above. This list shall be submitted with a letter certifying that the list is current,complete, and accurate as of the date of submission. The list and certification shall be submitted to theCOR with a copy to the Contracting Officer, within 5 days after receipt of order and quarterly thereafterper CDRL B007. When there are any changes to contractor’s personnel and when it is specificallyrequested by the COR or Contracting Officer, the list and certification shall be provided within 5 daysfrom the date of the request. Contractor personnel working on two or more NSWC PHD procurementsneed complete this training only once per stated period and it shall be applicable to all current NSWC PHDprocurements. See paragraph (99.92c) above. However, completion of such training shall be certifiedindividually for each NSWC PHD procurement with this training requirement. 100.00 ACRONYMS AND ABBREVIATIONS 100.10 The following acronyms appear in this requirement or may be encountered in this solicitation or inthe performance of this requirement. This is not an exhaustive list. Acronyms that may not be defined inthe body of the requirement are defined here. Not all acronyms and abbreviations shown in paragraph(100.20) may be used in this SOW. 100.20 Acronyms and Abbreviations AOCD Advanced Operator Control DeviceAOR Area of ResponsibilityAWS AEGIS Weapon SystemCAC Common Access CardCASREP Casualty ReportCBA Collective Bargaining AgreementCDRL Contract Data Requirements ListCD-ROM Compact Disc – Read-Only MemoryCI Critical InformationCLIN Contract Line Item NumberCND Certificate of Non-DisclosureCOMSEC Communications SecurityCOR Contracting Officer RepresentativeCPI Critical Program InformationCSSQT Combat System Ship Qualification TrialsCUI Critical Unclassified InformationDSRA Docking Selected Restricted AvailabilityDoD Department of DefenseDoN Department of the NavyEIA Electronic Industries AllianceESRA Extended Selected Restricted AvailabilityFCS Fire Control SystemFGI Foreign Government InformationFMS Foreign Military SalesFOIA Freedom Of Information ActFOUO For Official Use OnlyFTM Flight Test Mission

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GFI Government Furnished InformationGFP Government Furnished PropertyGOCO Government Operated Contractor OwnedIA Information AssuranceIAW In Accordance WithIEEE Institute of Electrical and Electronics EngineersISEA In-Service Engineering AgentISOPREP Isolated Personnel ReportIWS Integrated Warfare SystemsHAZMAT Hazardous MaterialHAZWASTE Hazardous WasteMDA Missile Defense AgencyMoU Memorandum of UnderstandingMSDS Material Safety Data SheetNAVSEA Naval Sea Systems CommandNBVC Naval Base Ventura CountyNDA Non-Disclosure AgreementNMCI Navy Marine Corps IntranetNSWC Naval Surface Warfare CenterNSWC PHD Naval Surface Warfare Center Port Hueneme DivisionNTDS Naval Tactical Data SystemOPSEC Operations SecurityOSHA Occupational Safety and Health AdministrationPACOM US Pacific CommandPEO Program Executive OfficePII Personally Identifiable InformationPOC Point of ContactPoP Period of PerformanceQTP AN/UYQ-70 Technicians PeripheralROH Regular OverhaulSCI Sensitive Compartmented InformationSDP Software Development PlanSDTS Self Defense Test ShipSIPRNET Secret Internet Protocol Router NetworkSOFA Status of Forces AgreementSOW Statement of WorkSRA Selected Restrictive AvailabilitySSN Social Security NumberT&E Test and EvaluationUCC Unified Combatant CommandUSN United States NavyVFA Visiting Forces AgreementsVOC Volatile Organic ComponentXES Expandable Emulation System HQ C-1-0001 ITEM(S) - DATA REQUIREMENTS (NAVSEA)(SEP 1992)

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CONTRACT DATA REQUIRMENTS LISTDATAITEMNO.

TITLE OF DATA ITEM DATA ACQUISITIONDOCUMENT NO.

INITIAL DUE DATE

A001 STATUS REPORT DI-MGMT-80368A A DUE DATE WILL BE ASSIGNED FOREACH REPORT AT THE BEGINNING

OF EACH ONSITEINTEGRATION/INSTALLATION AND

TEST.A002 REVISIONS TO EXISTING

GOVERNMENTDOCUMENTS

DI-ADMN-80925 REPORT DUE ONE WEEK PRIOR TOTRAVEL

A003 STATUS REPORT DI-MGMT-80368A REPORT DUE FIVE (5) WORKINGDAYS AFTER COMPLETION OF

TRAVELA004 SOFTWARE TEST

REPORT (STR)DI-IPSC-81440A REPORT REQUIRED WHEN

SOFTWARE MODIFICATION ARENEEDED. REPORT TO BE

SUBMITTED FIVE (5) DAYS AFTERREQUEST BY THE COR

A005 SOFTWARE TESTREPORT (STR)

DI-IPSC-81440A A DUE DATE WILL BE ASSIGNED FOREACH REPORT AT THE BEGINNINGOF THE SOFTWARE DEVELOPMENT

PROJECTA006 TECHNICAL REPORT-

STUDY/SERVICESDI-MISC-80508B REPORT DUE FIVE (5) DAYS AT

CONCLUSION OF STUDYA007 TECHNICAL REPORT-

STUDY/SERVICESDI-MISC-80508B REPORT DUE FIVE (5) DAYS AFTER

COMPLETION OF REPORTA008 TEST PLANS/TEST

PROCEDURESDI-SESS-81704 PRELIMINARY REPORT DUE FIVE (5)

DAYS AFTER COMPLETION OFREPORT. FINAL REPORT DUE 5 DAYSAFTER APPROVAL OF PRELIMINARY

REPORTA009 SOFTWARE TEST

REPORTDI-IPSC-81440A REPORT DUE FIVE (5) DAYS AFTER

COMPLETION OF REPORTA010 SOFTWARE

DEVELOPMENT PLANDI-ISPC-81427A REPORT SHALL BE GENERATED

WHEN REQUIRED. DELIVER REPORTNOT LESS THAN ONE WEEK PRIOR

TO THE START OF WORKB001 HAZARDOUS WASTE

REPORTDI-MGMT-80899 REPORT DUE NOT LESS THAN

THREE (3) WEEKS PRIOR TOCOMMENCING WORK

The data to be furnished hereunder shall be prepared in accordance with the Contract Data RequirementsList, DD Form 1423, Exhibit(s), attached hereto.

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B002 STATUS REPORT DI-MGMT-80368A SUBMISSION OF REPORT REQUIREDAT TIME IDENTIFIED IN STATEMENTOF WORK PARAGRAPH REFERENCED

IN BLOCK 5 OF THIS CDRL.B003 STATUS REPORT DI-MGMT-80368A REPORT DUE NO LATER THAN TWO

(2) BUSINESS DAYS AFTER THECONTRACTOR BECOMES AWARE OF

THE INCIDENTB004 CONTRACTOR’S

PERONNEL ROSTERDI-MGMT-81834 REPORT DUE NO LATER THAN TEN

(10) DAYS AFTER CONTRACTAWARD. UPDATES TO THE LIST ARE

DUE FIVE (5) DAYS AFTERPERSONNEL CHANGES HAVE GONE

INTO EFFECTB005 STATUS REPORT DI-MGMT-80368A SUBMISSION OF REPORT

REQUIRED AT TIMES IDENTIFIED INTHE REFERENCES IN BLOCK 5 OF

THIS CDRLB006 PERFORMANCE AND

COST REPORTDI-FNCL-80912 REPORT DUE NO LATER THAN SIXTY

(60) CALENDAR DAYS PRIOR TO THEPLANNED COMPLETION OF THE

TASK ORDERB007 STATUS REPORT DI-MGMT-80368A REPORT DUE WITHIN FIVE (5) DAYS

AFTER RECEIPT OF ORDER ANDQUARTERLY THEREAFTER. THE

LISTAND CERTIFICATION SHALL BESUBMITTED TO THE COR WITH A

COPY TO THE CONTRACTINGOFFICER. WHEN THERE ARE

CHANGES IN PERSONNEL ANDWHEN IT IS SPECIFICALLY

REQUESTED BY THE COR ORCONTRACTING OFFICER, THE LIST

AND CERTIFICATION SHALL BEPROVIDED WITHIN FIVE (5) DAYS

FROM THE DATE OF REQUEST.

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(End of Text) HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983) Officers, employees and associates of other prime Contractors with the Government andtheir subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times,admission to the plant, access to the vessel(s) where and as required, and be permitted,within the plant and on the vessel(s) required, to perform and fulfill their respectiveobligations to the Government. The Contractor shall make reasonable arrangements withthe Government or Contractors of the Government, as shall have been identified andauthorized by the Supervisor to be given admission to the plant and access to thevessel(s) for office space, work areas, storage or shop areas, or other facilities andservices, necessary for the performance of the respective responsibilities involved, andreasonable to their performance.

(End of Text) HQ C-2-0005 ACCESS TO VESSELS BY NON-U.S. CITIZENS (NAVSEA)(DEC 2005) (a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels,work sites and adjacent areas when said vessels are under construction, conversion,overhaul, or repair, except upon a finding by COMNAVSEA or his designatedrepresentative that such access should be permitted in the best interest of the UnitedStates. The Contractor shall establish procedures to comply with this requirement and

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NAVSEAINST 5500.3 (series) in effect on the date of this contract or agreement. (b) If the Contractor desires to employ non-U.S. citizens in the performance of workunder this contract or agreement that requires access as specified in paragraph (a) of thisrequirement, approval must be obtained prior to access for each contract or agreementwhere such access is required. To request such approval for non-U.S. citizens of friendlycountries, the Contractor shall submit to the cognizant Contract Administration Office(CAO), an Access Control Plan (ACP) which shall contain as a minimum, the followinginformation:

(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizenemployees with the badge or pass to be worn or displayed on outer garments at all times while on theContractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easyrecognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearlyestablished and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures forhandling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to theContractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor's plan for ascertaining citizenship and for screening employees forsecurity risk.

(3) Data reflecting the number, nationality, and positions held by non-U.S. citizenemployees, including procedures to update data as non-U.S. citizen employee datachanges, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisionsof the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representingthe minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any wayfrom imposing additional controls necessary to tailor these requirements to a specific facility.

(c) To request approval for non-U.S. citizens of hostile and/or communist-controlledcountries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-Mor available from cognizant CAO), Contractor shall include in the ACP the followingemployee data: name, place of birth, citizenship (if different from place of birth), date ofentry to U.S., extenuating circumstances (if any) concerning immigration to U.S., numberof years employed by Contractor, position, and stated intent concerning U.S. citizenship.COMNAVSEA or his designated representative will make individual determinations for

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desirability of access for the above group. Approval of ACP's for access of non-U.S.citizens of friendly countries will not be delayed for approval of non-U.S. citizens ofhostile communist-controlled countries. Until approval is received, Contractor mustdeny access to vessels for employees who are non-U.S. citizens of hostile and/orcommunist-controlled countries. (d) The Contractor shall fully comply with approved ACPs. Noncompliance by theContractor or subcontractor serves to cancel any authorization previously granted, inwhich case the Contractor shall be precluded from the continued use of non-U.S. citizenson this contract or agreement until such time as the compliance with an approved ACP isdemonstrated and upon a determination by the CAO that the Government's interests areprotected. Further, the Government reserves the right to cancel previously grantedauthority when such cancellation is determined to be in the Government's best interest.Use of non-U.S. citizens, without an approved ACP or when a previous authorization hasbeen canceled, will be considered a violation of security regulations. Upon confirmationby the CAO of such violation, this contract, agreement or any job order issued under thisagreement may be terminated or default in accordance with the clause entitled"DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR 52.249-8), "DEFAULT(FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or"TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable. (e) Prime Contractors have full responsibility for the proper administration of theapproved ACP for all work performed under this contract or agreement, regardless of thelocation of the vessel, and must ensure compliance by all subcontractors, technicalrepresentatives and other persons granted access to U.S. Navy vessels, adjacent areas, andwork sites. (f) In the event the Contractor does not intend to employ non-U.S. citizens in theperformance of the work under this contract, but has non-U.S. citizen employees, suchemployees must be precluded from access to the vessel and its work site and those shopswhere work on the vessel's equipment is being performed. The ACP must spell out hownon-U.S. citizens are excluded from access to contract work areas. (g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens whohave access to the Contractor's facilities (e.g., for accomplishing facility improvements,from foreign crewed vessels within its facility, etc.)

(End of Text)

HQ C-2-0015 DATE/TIME PROCESSING REQUIREMENT--INFORMATIONTECHNOLOGY (NAVSEA) (SEP 2009) (a) All information technology (IT), whether commercial or noncommercial, deliveredunder this contract that will be required to perform date/time processing involving datessubsequent to December 31, 1999, shall be Year 2000 compliant if properly installed,operated, and maintained in accordance with the contract specifications and applicabledocumentation. If the contract requires that specific deliverables operate together as a

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system, this requirement shall apply to those deliverables as a system. (b) "Information Technology" or "IT," as used in this requirement, means "informationtechnology" as that term is defined at FAR 2.101, and further including those items thatwould otherwise be excluded by paragraph (c) of that definition. "Year 2000 compliant" (as defined at FAR39.002) 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 years1999 and 2000 and leap year calculations, to the extent that other IT, used in combination with the IT beingdelivered, properly exchanges date/time data with it. The "proper exchange" of date/time data shall be inaccordance with the interface requirements specification(s) of the contract. (c) For line item deliverables which are commercial items (as defined at FAR 2.101), andwhich include commercial IT, the terms and conditions of the standard commercial warranty covering suchcommercial 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 byattachment. (d) Notwithstanding any provision to the contrary in any other warranty of this contract, or in the absenceof any such warranty(ies), the remedies available to the Government under this requirement shall includethose provided in the Inspection clause(s) of this contract. Nothing in this requirement shall be construedto 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 theGovernment 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 shallremainavailable for one hundred eighty (180) days after acceptance of the

(End of Text)

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SECTION D PACKAGING AND MARKING

Clauses in Section D of the SeaPort-e Multiple Award IDIQ contract are applicable to thissolicitation/contract.

HQ D-2-0008 MARKING OF REPORTS (NAVSEA) (SEP 1990)

All reports delivered by the Contractor to the Government under this contract shall prominentlyshow on the cover of the report:

(1) name and business address of the Contractor

(2) contract number/task order number

(3) contract dollar amount

(4) whether the contract was competitively or non-competitively awarded

(5) sponsor

Robert Navarro Code A44

(Name of Individual Sponsor) PHD NSWC

(Name of Requiring Activity) Port Hueneme, CA

(City and State)

(End Text)

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SECTION E INSPECTION AND ACCEPTANCE

Clauses in Section E of the SeaPort-e Multiple Award IDIQ contract are applicable to thissolicitation/contract.

CLAUSES INCORPORATED BY FULL TEXT

HQ E-1-0001 INSPECTION AND ACCEPTANCE LANGUAGE FOR DATA

Inspection and acceptance of all data shall be as specified on the attached Contract DataRequirements List(s), DD Form 1423.

(End of Text)

HQ E-1-0007 INSPECTION AND ACCEPTANCE LANGUAGE FOR LOESERVICES

Item(s) - Inspection and acceptance shall be made by the Contracting Officer’sRepresentative (COR) or a designated representative of the Government.

(End of Text)

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SECTION F DELIVERABLES OR PERFORMANCE

The periods of performance for the following Items are as follows:

4000 1/16/2013 - 1/9/2014

4001 1/16/2013 - 1/9/2014

4002 1/16/2013 - 1/9/2014

4003 1/16/2013 - 1/9/2014

4100 1/10/2014 - 1/15/2015

4101 1/10/2014 - 1/15/2015

4102 1/10/2014 - 1/15/2015

4103 1/10/2014 - 1/15/2015

4200 1/16/2015 - 4/8/2016

6000 1/16/2013 - 1/9/2014

6100 1/10/2014 - 1/15/2015

6200 1/16/2015 - 4/8/2016

Clauses in Section F of the SeaPort-e Multiple Award IDIQ contract are applicable to thissolicitation/contract, and are supplemented herein. Exercise of any options depends upon theexercise of the options of the basic contract under the SeaPort-e Multiple Award Contract.

HQ F-1-0003 PERFORMANCE LANGUAGE FOR LOE SERVICES

The Contractor shall perform the work described in SECTION C, at the level of effortspecified in SECTION B, as follows:

THE PERIODS OF PERFORMANCE FOR THE FOLLOWING ITEMS ARE AS FOLLOWS:

ITEM(S) PERIOD OF PERFORMANCE

4000 16 January 2013 - 09 January 20144001 16 January 2013 - 09 January 2014 4002 16 January 2013 - 09 January 2014 4003 16 January 2013 - 09 January 2014 6000 16 January 2013 - 09 January 2014

THE PERIODS OF PERFORMANCE FOR THE FOLLOWING OPTION ITEMS ARE ASFOLLOWS:

4100 10 January 2014 - 15 January 20154101 10 January 2014 - 15 January 20154102 10 January 2014 - 15 January 20154103 10 January 2014 - 15 January 20154200 16 January 2015 - 08 April 2016

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4201 16 January 2015 - 08 April 20164202 16 January 2015 - 08 April 20164203 16 January 2015 - 08 April 20166100 10 January 2014 - 15 January 20156200 16 January 2015 - 08 April 2016

(End of Text)

HQ F-2-0003 DATA DELIVERY LANGUAGE FOR SERVICES ONLYPROCUREMENTS

All data to be furnished under this contract shall be delivered prepaid to the destination(s)and at the time(s) specified on the Contract Data Requirements List(s), DD Form 1423.

(End of Text)

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SECTION G CONTRACT ADMINISTRATION DATA

Clauses in Section G of the SeaPort-e Multiple Award IDIQ contract are applicable to thissolicitation/contract, and are supplemented herein.

CLAUSES INCORPORATED BY REFERENCE

PGI 204.7108(d)(12) Payment instructions

CLAUSES INCORPORATED BY FULL TEXT

HQ G-2-0002 CONTRACT ADMINISTRATION DATA

Enter below the address (street and number, city, county, state and zip code) of the Contractor's facilitywhich will administer the contract if such address is different from the address shown on the SF 26 or SF 33,as applicable.

BAE Systems Technology Solutions & Services, Inc.

520 Gaither Road, Rockville, MD 20850 - 6198

(End of Text)

HQ G-2-0003 CONTRACTING OFFICER’S REPRESENTATIVE

CONTRACTING OFFICER’S NSWC PHDREPRESENTATIVE: ATTN: Robert Navarro Code A44

4363 Missile WayPort Hueneme, CA 93043Telephone No. 805-228-7454Fax No. 805-228-7497Email Address: [email protected]

The Contractor shall forward a copy of all invoices to the Contracting Officer's Representative.

(End of Text)

HQ G-2-0004 PURCHASING OFFICE REPRESENTATIVE

PURCHASING OFFICE NSWC PHDREPRESENTATIVE: Patricia Page, Contracting Officer

4363 Missile WayPort Hueneme, CA [email protected] 805-228-6284NSWC PHDMariluz Chan-Endres, Contract Specialist4363 Missile Way

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mailto:[email protected]


Port Hueneme, CA [email protected] 805-228-5191

NSWC PHDOfelia Reyes, Contract AdministrationSpecialist4363 Missile WayPort Hueneme, CA [email protected]

(End of Text)

HQ G-2-0007 INVOICE INSTRUCTIONS (NAVSEA) (APR 2011)

(a) In accordance with the clause of this contract entitled “ELECTRONIC SUBMISSION OFPAYMENT REQUESTS” (DFARS 252.232-7003), the Naval Sea Systems Command (NAVSEA) willutilize the DoD Wide Area Workflow Receipt and Acceptance (WAWF) system to acceptsupplies/services delivered under this contract. This web-based system located at https://wawf.eb.milprovides the technology for government contractors and authorized Department of Defense (DoD)personnel to generate, capture and process receipt and payment-related documentation in a paperlessenvironment. Invoices for supplies/services rendered under this contract shall be submitted electronicallythrough WAWF. Submission of hard copy DD250/invoices may no longer be accepted for payment.

(b) It is recommended that the person in your company designated as the Central ContractorRegistration (CCR) Electronic Business (EB) Point of Contact and anyone responsible for the submissionof invoices, use the online training system for WAWF at http://wawftraining.com. The Vendor, GroupAdministrator (GAM), and sections marked with an asterisk in the training system should be reviewed. Vendor documentation is available under Resources at http://wawftraining.com.

(c) The designated CCR EB point of contact is responsible for activating the company’s CAGE code onWAWF by calling 1-866-618-5988. Once the company is activated, the CCR EB point of contact willself-register under the company’s CAGE code on WAWF and follow the instructions for a groupadministrator. After the company is set-up on WAWF, any additional persons responsible for submittinginvoices must self-register under the company’s CAGE code at https://wawf.eb.mil.

(d) The contractor shall use the following document types, DODAAC codes and inspection andacceptance locations when submitting invoices in WAWF:

Type of Document(s) (contracting officer check all that apply)

Invoice (FFP Supply & Service)

Invoice and Receiving Report Combo (FFP Supply)

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https://wawf.eb.mil/

http://wawftraining.com/

http://wawftraining.com/

https://wawf.eb.mil/

Invoice as 2-in-1 (FFP Service Only)

X Cost Voucher (Cost Reimbursable, T&M , LH, or FPI)

Receiving Report (FFP, DD250 Only)

DODAAC Codes and Inspection and Acceptance Locations (contracting officer completeappropriate information as applicable)

Issue DODAAC N63394

Admin DODAAC S2101A

Pay Office DODAAC HQ0339

Inspector DODAAC N/A

Service Acceptor DODAAC N63394

Service Approver DODAAC N63394

Ship To DODAAC N63394

DCAA Auditor DODAAC HAA450

LPO DODAAC N/A

Inspection Location DESTINATION

Acceptance Location DESTINATION

Attachments created in any Microsoft Office product may be attached to the WAWF invoice, e.g.,backup documentation, timesheets, etc. Maximum limit for size of each file is 2 megabytes. Maximumlimit for size of files per invoice is 5 megabytes.

(e) The Contractor agrees to segregate costs incurred under this task order at the lowest level ofperformance, either task or subtask, rather than on a total task order basis, and to submit invoicesreflecting costs incurred at that level. Supporting documentation in WAWF for invoices shall includesummaries of work charged during the period covered as well as overall cumulative summaries byindividual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as a costbreakdown of ODCs (materials and travel), by line item task or subtask. Subcontractors are also requiredto provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a costbreakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before

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expenditure of direct labor such that the total man-hours of effort specified in paragraph (a)above would be used prior to the expiration of the term. This order shall specify the accelerationrequired and the resulting revised term.

The Contractor shall acknowledge this order within five days of receipt.

(g) If the total level of effort specified in paragraph (a) above is not provided by the Contractorduring the period of this contract, the Contracting Officer, at its sole discretion, shall either (i)reduce the fee of this contract as follows:

Fee Reduction = Fee (Required LOE-Expended LOE) Required LOE or (ii) subject to theprovisions of the clause of this contract entitled "LIMITATION OF COST" (FAR 52.232-20) or"LIMITATION OF COST (FACILITIES)" (FAR 52.232-21), as applicable, require theContractor to continue to perform the work until the total number of man-hours of direct laborspecified in paragraph (a) above shall have been expended, at no increase in the fee of thiscontract.

(h) The Contractor shall provide and maintain an accounting system, acceptable to theAdministrative Contracting Officer and the Defense Contract Audit Agency (DCAA), whichcollects costs incurred and effort (compensated and uncompensated, if any) provided infulfillment of the level of effort obligations of this contract. The Contractor shall indicate on eachinvoice the total level of effort claimed during the period covered by the invoice, separatelyidentifying compensated effort and uncompensated effort, if any.

(i) Within 45 days after completion of the work under each separately identified period ofperformance hereunder, the Contractor shall submit the following information in writing to theContracting Officer with copies to the cognizant Contract Administration Office and to theDCAA office to which vouchers are submitted: (1) the total number of man-hours of direct laborexpended during the applicable period; (2) a breakdown of this total showing the number ofman-hours expended in each direct labor classification and associated direct and indirect costs; (3)a breakdown of other costs incurred; and (4) the Contractor's estimate of the total allowable costincurred under the contract for the period. Within 45 days after completion of the work under thecontract, the Contractor shall submit, in addition, in the case of a cost under run; (5) the amountby which the estimated cost of this contract may be reduced to recover excess funds and, in thecase of an under run in hours specified as the total level of effort; and (6) a calculation of theappropriate fee reduction in accordance with this clause. All submissions shall includesubcontractor information.

(j) Unless the Contracting Officer determines that alternative worksite arrangements aredetrimental to contract performance, the Contractor may perform up to 10% of the hours at analternative worksite, provided the Contractor has a company-approved alternative worksite plan.The primary worksite is the traditional “main office” worksite. An alternative worksite means anemployee’s residence or a telecommuting center. A telecommuting center is a geographically

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convenient office setting as an alternative to an employee’s main office. The Government reservesthe right to review the Contractor’s alternative worksite plan. In the event performance becomesunacceptable, the Contractor will be prohibited from counting the hours performed at thealternative worksite in fulfilling the total level of effort obligations of the contract. Regardless ofwork location, all contract terms and conditions, including security requirements and labor laws,remain in effect. The Government shall not incur any additional cost nor provide additionalequipment for contract performance as a result of the Contractor’s election to implement analternative worksite plan. (k) Notwithstanding any of the provisions in the above paragraphs, the Contractor may furnishman-hours up to five percent in excess of the total man-hours specified in paragraph (a) above,provided that the additional effort is furnished within the term hereof, and provided further thatno increase in the estimated cost or fee is required. TBD – To be completed at time of award. 5252.237-9106 SUBSTITUTION OF PERSONNEL (SEP 1990) (a) The Contractor agrees that a partial basis for award of this contract is the list of keypersonnel proposed. Accordingly, the Contractor agrees to assign to this contract those keypersons whose resumes were submitted with the proposal necessary to fulfill therequirements of the contract. No substitution shall be made without prior notification to andconcurrence of the Contracting Officer in accordance with this requirement. (b) All proposed substitutes shall have qualifications equal to or higher than thequalifications of the person to be replaced. The Contracting Officer shall be notified inwriting of any proposed substitution at least forty-five (45) days, or ninety (90) days if asecurity clearance is to be obtained, in advance of the proposed substitution. Suchnotification shall include: (1) an explanation of the circumstances necessitating thesubstitution; (2) a complete resume of the proposed substitute; and (3) any other informationrequested by the Contracting Officer to enable him/her to judge whether or not the Contractor ismaintaining the same high quality of personnel that provided the partial basis for award.

(End of Text)

NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999) (a) Performance of the work hereunder may be subject to written technical instructions signed bythe Contracting Officer's Representative specified in Section G of this contract. As used herein,technical instructions are defined to include the following: (1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, shift workemphasis, fill in details or otherwise serve to accomplish the contractual statement of work.

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(2) Guidelines to the Contractor which assist in the interpretation of drawings, specifications ortechnical portions of work description. (b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct achange as defined in the "CHANGES" clause of this contract; (3) increase or decrease the contractprice or estimated contract amount (including fee), as applicable, the level of effort, or the timerequired for contract performance; or (4) change any of the terms, conditions or specifications of thecontract. (c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope ofthe contract or is inconsistent with this requirement, the Contractor shall notify the ContractingOfficer in writing within ten (10) working days after the receipt of any such instruction. TheContractor shall not proceed with the work affected by the technical instruction unless and until theContractor is notified by the Contracting Officer that the technical instruction is within the scopeof this contract. (d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor fromperforming that portion of the contractual work statement which is not affected by the disputedtechnical instruction.

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SECTION I CONTRACT CLAUSES

Clauses in Section I of the SeaPort-e Multiple Award IDIQ contract are applicable to this solicitation/contract,and are supplemented herein. The following clauses are incorporated by reference

52.209-10 Information Regarding Responsibility Matters MAY 201252.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 201152.215-12 Subcontractor Certified Cost or Pricing Data OCT 201052.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 201052.223-5 (Alt 1) Pollution Prevention and Right-to-Know MAY 2011 Information 52.223-10 Waste Reduction Program MAY 201152.223-19 Compliance with Environmental Management MAY 2011 Systems 52.237-2 Protection of Government Buildings, Equipment, APR 1984 and Vegetation.52.239-1 Privacy or Security Safeguards AUG 199652.244-2 Subcontracts OCT 2010252.223-7006 Prohibition on Storage and Disposal of Toxic APR 2012 and Hazardous Materials.

CLAUSES INCORPORATED IN FULL TEXT

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Cost Plus Fixed Fee contract resulting from this solicitation.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (NAVSEA VARIATION) (SEP 2009)

(a) The Government may extend the term of this contract by written notice(s) to the Contractor within theperiods specified below. If more than one option exists, each option is independent of any other option, and theGovernment has the right to unilaterally exercise any such option whether or not it has exercised other options.

ITEMS LATEST OPTION EXERCISE DATE

4100 No later than 12 months after the Task Order Award date

6100 No later than 12 months after the Task Order Award date

4200 No later than 12 months after the Option I Award date

6200 No later than 12 months after the Option I Award date

(b) If the Government exercises this option, the extended contract shall be considered to include this optionclause. (c) The total duration of this contract, including the exercise of any options(s) under this clause, shall not exceedthree (3) years, however, in accordance with paragraph (g) of the requirement of this contract entitled “LEVEL

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http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P178_26714

OF EFFORT” (NAVSEA 5252.216-9122), if the total manhours delineated in paragraph (a) of the LEVEL OFEFFORT requirement, have not been expended within the period specified above, the Government may requirethe Contractor to continue to perform the work until the total number of manhours specified in paragraph (a) ofthe aforementioned requirement have been expended.

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clauseof this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors,will be obtained before subcontract awards.

(End of Provision)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were givenin full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clausemay be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfdfara.htm http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of Clause) 252.227-7013 Rights in Technical Data--Noncommercial Items (Feb 2012) (a) Definitions. As used in this clause— (1) “Computer data base” means a collection of data recorded in a form capable of being processed by acomputer. The term does not include computer software. (2) “Computer program” means a set of instructions, rules, or routines recorded in a form that iscapable of causing a computer to perform a specific operation or series of operations. (3) “Computer software” means computer programs, source code, source code listings, object codelistings, design details, algorithms, processes, flow charts, formulae and related material that would enable thesoftware to be reproduced, recreated, or recompiled. Computer software does not include computer data basesor computer software documentation. (4) “Computer software documentation” means owner's manuals, user's manuals, installationinstructions, operating instructions, and other similar items, regardless of storage medium, that explain thecapabilities of the computer software or provide instructions for using the software.

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http://farsite.hill.af.mil/vffara.htm

http://farsite.hill.af.mil/vfdfara.htm

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(5) "Covered Government support contractor" means a contractor under a contract, the primarypurpose of which is to furnish independent and impartial advice or technical assistance directly to theGovernment in support of the Government’s management and oversight of a program or effort (rather than todirectly furnish an end item or service to accomplish a program or effort), provided that the contractor— (i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, orwith any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end itemsor services of the type developed or produced on the program or effort; and (ii) Receives access to technical data or computer software for performance of a Governmentcontract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. (6) “Detailed manufacturing or process data” means technical data that describe the steps, sequences,and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item orcomponent or to perform a process. (7) “Developed” means that an item, component, or process exists and is workable. Thus, the item orcomponent must have been constructed or the process practiced. Workability is generally established when theitem, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilledin the applicable art that there is a high probability that it will operate as intended. Whether, how much, andwhat type of analysis or testing is required to establish workability depends on the nature of the item,component, or process, and the state of the art. To be considered “developed,” the item, component, or processneed not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item,component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code. (8) “Developed exclusively at private expense” means development was accomplished entirely withcosts charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof. (i) Private expense determinations should be made at the lowest practicable level. (ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling priceof the contract, the additional development costs necessary to complete development shall not be consideredwhen determining whether development was at government, private, or mixed expense. (9) “Developed exclusively with government funds” means development was not accomplishedexclusively or partially at private expense. (10) “Developed with mixed funding” means development was accomplished partially with costscharged to indirect cost pools and/or costs not allocated to a government contract, and partially with costscharged directly to a government contract. (11) “Form, fit, and function data” means technical data that describes the required overall physical,functional, and performance characteristics (along with the qualification requirements, if applicable) of an item,component, or process to the extent necessary to permit identification of physically and functionallyinterchangeable items. (12) “Government purpose” means any activity in which the United States Government is a party,

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including cooperative agreements with international or multi-national defense organizations, or sales or transfersby the United States Government to foreign governments or international organizations. Government purposesinclude competitive procurement, but do not include the rights to use, modify, reproduce, release, perform,display, or disclose technical data for commercial purposes or authorize others to do so. (13) “Government purpose rights” means the rights to— (i) Use, modify, reproduce, release, perform, display, or disclose technical data within theGovernment without restriction; and (ii) Release or disclose technical data outside the Government and authorize persons to whomrelease or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data forUnited States government purposes. (14) “Limited rights” means the rights to use, modify, reproduce, release, perform, display, or disclosetechnical data, in whole or in part, within the Government. The Government may not, without the writtenpermission of the party asserting limited rights, release or disclose the technical data outside the Government,use the technical data for manufacture, or authorize the technical data to be used by another party, except thatthe Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data bypersons outside the Government if— (i) The reproduction, release, disclosure, or use is— (A) Necessary for emergency repair and overhaul; or (B) A release or disclosure to— (1) A covered Government support contractor, for use, modification, reproduction,performance, display, or release or disclosure to authorized person(s) in performance of a Government contract;or (2) A foreign government, of technical data (other than detailed manufacturing or processdata when use of such data by the foreign government is in the interest of the Government and is required forevaluational or informational purposes;

(ii) The recipient of the technical data is subject to a prohibition on the further reproduction,release, disclosure, or use of the technical data; and

(iii) The contractor or subcontractor asserting the restriction is notified of such reproduction,release, disclosure, or use. (15) “Technical data” means recorded information, regardless of the form or method of the recording, ofa scientific or technical nature (including computer software documentation). The term does not includecomputer software or data incidental to contract administration, such as financial and/or managementinformation. (16) “Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclosetechnical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize

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others to do so. (b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royaltyfree, world-wide, nonexclusive, irrevocable license rights in technical data other than computer softwaredocumentation (see the Rights in Noncommercial Computer Software and Noncommercial Computer SoftwareDocumentation clause of this contract for rights in computer software documentation): (1) Unlimited rights. The Government shall have unlimited rights in technical data that are— (i) Data pertaining to an item, component, or process which has been or will be developedexclusively with Government funds; (ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis,test, or similar work was specified as an element of performance; (iii) Created exclusively with Government funds in the performance of a contract that does notrequire the development, manufacture, construction, or production of items, components, or processes; (iv) Form, fit, and function data; (v) Necessary for installation, operation, maintenance, or training purposes (other than detailedmanufacturing or process data); (vi) Corrections or changes to technical data furnished to the Contractor by the Government; (vii) Otherwise publicly available or have been released or disclosed by the Contractor orsubcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resultingfrom the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transferof some or all of a business entity or its assets to another party; (viii) Data in which the Government has obtained unlimited rights under another Governmentcontract or as a result of negotiations; or (ix) Data furnished to the Government, under this or any other Government contract or subcontractthereunder, with— (A) Government purpose license rights or limited rights and the restrictive condition(s)has/have expired; or (B) Government purpose rights and the Contractor's exclusive right to use such data forcommercial purposes has expired. (2) Government purpose rights. (i) The Government shall have government purpose rights for a five-year period, or such otherperiod as may be negotiated, in technical data— (A) That pertain to items, components, or processes developed with mixed funding exceptwhen the Government is entitled to unlimited rights in such data as provided in paragraphs (b)(1)(ii) and

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(b)(1)(iv) through (b)(1)(ix) of this clause; or (B) Created with mixed funding in the performance of a contract that does not require thedevelopment, manufacture, construction, or production of items, components, or processes. (ii) The five-year period, or such other period as may have been negotiated, shall commence uponexecution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification,or option exercise that required development of the items, components, or processes or creation of the datadescribed in paragraph (b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period,the Government shall have unlimited rights in the technical data. (iii) The Government shall not release or disclose technical data in which it has government purposerights unless— (A) Prior to release or disclosure, the intended recipient is subject to the non-disclosureagreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or (B) The recipient is a Government contractor receiving access to the data for performance of aGovernment contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure ofGovernment-Furnished Information Marked with Restrictive Legends. (iv) The Contractor has the exclusive right, including the right to license others, to use technical datain which the Government has obtained government purpose rights under this contract for any commercialpurpose during the time period specified in the government purpose rights legend prescribed in paragraph (f)(2)of this clause. (3) Limited rights. (i) Except as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause, theGovernment shall have limited rights in technical data— (A) Pertaining to items, components, or processes developed exclusively at private expenseand marked with the limited rights legend prescribed in paragraph (f) of this clause; or (B) Created exclusively at private expense in the performance of a contract that does notrequire the development, manufacture, construction, or production of items, components, or processes. (ii) The Government shall require a recipient of limited rights data for emergency repair or overhaulto destroy the data and all copies in its possession promptly following completion of the emergencyrepair/overhaul and to notify the Contractor that the data have been destroyed. (iii) The Contractor, its subcontractors, and suppliers are not required to provide the Governmentadditional rights to use, modify, reproduce, release, perform, display, or disclose technical data furnished to theGovernment with limited rights. However, if the Government desires to obtain additional rights in technical datain which it has limited rights, the Contractor agrees to promptly enter into negotiations with the ContractingOfficer to determine whether there are acceptable terms for transferring such rights. All technical data in whichthe Contractor has granted the Government additional rights shall be listed or described in a license agreementmade part of the contract. The license shall enumerate the additional rights granted the Government in such data.

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(iv) The Contractor acknowledges that— (A) Limited rights data is authorized to be released or disclosed to covered Governmentsupport contractors; (B) The Contractor will be notified of such release or disclosure; (C) The Contractor (or the party asserting restrictions as identified in the limited rights legend)may require each such covered Government support contractor to enter into a non-disclosure agreement directlywith the Contractor (or the party asserting restrictions) regarding the covered Government support contractor’suse of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing therequirement for a non-disclosure agreement; (D) Any such non-disclosure agreement shall address the restrictions on the coveredGovernment support contractor's use of the limited rights data as set forth in the clause at 252.227-7025, andshall not include any additional terms and conditions unless mutually agreed to by the parties to thenon-disclosure agreement; and (E) The Contractor shall provide a copy of any such non-disclosure agreement or waiver to theContracting Officer, upon request. (4) Specifically negotiated license rights. The standard license rights granted to the Government underparagraphs (b)(1) through (b)(3) of this clause, including the period during which the Government shall havegovernment purpose rights in technical data, may be modified by mutual agreement to provide such rights as theparties consider appropriate but shall not provide the Government lesser rights than are enumerated in paragraph(a)(14) of this clause. Any rights so negotiated shall be identified in a license agreement made part of thiscontract. (5) Prior government rights. Technical data that will be delivered, furnished, or otherwise provided tothe Government under this contract, in which the Government has previously obtained rights shall be delivered,furnished, or provided with the pre-existing rights, unless— (i) The parties have agreed otherwise; or (ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform,display, or disclose the data have expired or no longer apply. (6) Release from liability. The Contractor agrees to release the Government from liability for anyrelease or disclosure of technical data made in accordance with paragraph (a)(14) or (b)(2)(iii) of this clause, inaccordance with the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom therecipient has released or disclosed the data and to seek relief solely from the party who has improperly used,modified, reproduced, released, performed, displayed, or disclosed Contractor data marked with restrictivelegends. (c) Contractor rights in technical data. All rights not granted to the Government are retained by theContractor. (d) Third party copyrighted data. The Contractor shall not, without the written approval of the ContractingOfficer, incorporate any copyrighted data in the technical data to be delivered under this contract unless the

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Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect alicense or licenses in the deliverable data of the appropriate scope set forth in paragraph (b) of this clause, andhas affixed a statement of the license or licenses obtained on behalf of the Government and other persons to thedata transmittal document. (e) Identification and delivery of data to be furnished with restrictions on use, release, or disclosure. (1) This paragraph does not apply to restrictions based solely on copyright. (2) Except as provided in paragraph (e)(3) of this clause, technical data that the Contractor assertsshould be furnished to the Government with restrictions on use, release, or disclosure are identified in anattachment to this contract (the Attachment). The Contractor shall not deliver any data with restrictive markingsunless the data are listed on the Attachment. (3) In addition to the assertions made in the Attachment, other assertions may be identified after awardwhen based on new information or inadvertent omissions unless the inadvertent omissions would have materiallyaffected the source selection decision. Such identification and assertion shall be submitted to the ContractingOfficer as soon as practicable prior to the scheduled date for delivery of the data, in the following format, andsigned by an official authorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release,or Disclosure of Technical Data.

The Contractor asserts for itself, or the persons identified below, that the Government's rights touse, release, or disclose the following technical data should be restricted—

Technical Data Name of Personto be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions****

(LIST) (LIST) (LIST) (LIST)

*If the assertion is applicable to items, components, or processes developed at private expense,identify both the data and each such item, component, or process. **Generally, the development of an item, component, or process at private expense, eitherexclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, ordisclose technical data pertaining to such items, components, or processes. Indicate whether development wasexclusively or partially at private expense. If development was not at private expense, enter the specific reasonfor asserting that the Government's rights should be restricted. ***Enter asserted rights category (e.g., government purpose license rights from a prior contract,rights in SBIR data generated under another contract, limited or government purpose rights under this or a priorcontract, or specifically negotiated licenses). ****Corporation, individual, or other person, as appropriate.

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Date _________________________________Printed Name and Title _________________________________ _________________________________Signature _________________________________

(End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information toenable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the rightto add the Contractor's assertions to the Attachment and validate any listed assertion, at a later date, inaccordance with the procedures of the Validation of Restrictive Markings on Technical Data clause of thiscontract. (f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictionson the Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data to bedelivered under this contract by marking the deliverable data subject to restriction. Except as provided inparagraph (f)(5) of this clause, only the following legends are authorized under this contract: the governmentpurpose rights legend at paragraph (f)(2) of this clause; the limited rights legend at paragraph (f)(3) of this clause;or the special license rights legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribedunder 17 U.S.C. 401 or 402. (1) General marking instructions. The Contractor, or its subcontractors or suppliers, shallconspicuously and legibly mark the appropriate legend on all technical data that qualify for such markings. Theauthorized legends shall be placed on the transmittal document or storage container and, for printed material, eachpage of the printed material containing technical data for which restrictions are asserted. When only portions ofa page of printed material are subject to the asserted restrictions, such portions shall be identified by circling,underscoring, with a note, or other appropriate identifier. Technical data transmitted directly from one computeror computer terminal to another shall contain a notice of asserted restrictions. Reproductions of technical data orany portions thereof subject to asserted restrictions shall also reproduce the asserted restrictions. (2) Government purpose rights markings. Data delivered or otherwise furnished to the Governmentwith government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No.

Contractor Name

Contractor Address

Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technicaldata are restricted by paragraph (b)(2) of the Rights in Technical Data—Noncommercial Items clause containedin the above identified contract. No restrictions apply after the expiration date shown above. Any reproductionof technical data or portions thereof marked with this legend must also reproduce the markings.

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(End of legend)

(3) Limited rights markings. Data delivered or otherwise furnished to the Government with limitedrights shall be marked with the following legend:

LIMITED RIGHTS

Contract No.

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technicaldata are restricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained inthe above identified contract. Any reproduction of technical data or portions thereof marked with this legendmust also reproduce the markings. Any person, other than the Government, who has been provided access tosuch data must promptly notify the above named Contractor.

(End of legend) (4) Special license rights markings. (i) Data in which the Government's rights stem from a specifically negotiated license shall bemarked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release,perform, display, or disclose these data are restricted by ContractNo. _____(Insert contract number)____, License No. ____(Insertlicense identifier)____. Any reproduction of technical data orportions thereof marked with this legend must also reproduce themarkings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rightsacquired under a prior contract (see paragraph (b)(5) of this clause). (5) Pre-existing data markings. If the terms of a prior contract or license permitted the Contractor torestrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose technical datadeliverable under this contract, and those restrictions are still applicable, the Contractor may mark such data withthe appropriate restrictive legend for which the data qualified under the prior contract or license. The markingprocedures in paragraph (f)(1) of this clause shall be followed.

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(g) Contractor procedures and records. Throughout performance of this contract, the Contractor and itssubcontractors or suppliers that will deliver technical data with other than unlimited rights, shall— (1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are usedonly when authorized by the terms of this clause; and (2) Maintain records sufficient to justify the validity of any restrictive markings on technical datadelivered under this contract. (h) Removal of unjustified and nonconforming markings. (1) Unjustified technical data markings. The rights and obligations of the parties regarding thevalidation of restrictive markings on technical data furnished or to be furnished under this contract are containedin the Validation of Restrictive Markings on Technical Data clause of this contract. Notwithstanding anyprovision of this contract concerning inspection and acceptance, the Government may ignore or, at theContractor's expense, correct or strike a marking if, in accordance with the procedures in the Validation ofRestrictive Markings on Technical Data clause of this contract, a restrictive marking is determined to beunjustified. (2) Nonconforming technical data markings. A nonconforming marking is a marking placed on technicaldata delivered or otherwise furnished to the Government under this contract that is not in the format authorizedby this contract. Correction of nonconforming markings is not subject to the Validation of Restrictive Markingson Technical Data clause of this contract. If the Contracting Officer notifies the Contractor of a nonconformingmarking and the Contractor fails to remove or correct such marking within sixty (60) days, the Government mayignore or, at the Contractor's expense, remove or correct any nonconforming marking. (i) Relation to patents. Nothing contained in this clause shall imply a license to the Government under anypatent or be construed as affecting the scope of any license or other right otherwise granted to the Governmentunder any patent. (j) Limitation on charges for rights in technical data. (1) The Contractor shall not charge to this contract any cost, including, but not limited to, license fees,royalties, or similar charges, for rights in technical data to be delivered under this contract when— (i) The Government has acquired, by any means, the same or greater rights in the data; or (ii) The data are available to the public without restrictions. (2) The limitation in paragraph (j)(1) of this clause— (i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by theContractor to acquire rights in subcontractor or supplier technical data, if the subcontractor or supplier has beenpaid for such rights under any other Government contract or under a license conveying the rights to theGovernment; and (ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents orother media in which the technical data will be delivered.

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(k) Applicability to subcontractors or suppliers. (1) The Contractor shall ensure that the rights afforded its subcontractors and suppliers under 10U.S.C. 2320, 10 U.S.C. 2321, and the identification, assertion, and delivery processes of paragraph (e) of thisclause are recognized and protected. (2) Whenever any technical data for noncommercial items, or for commercial items developed in anypart at Government expense, is to be obtained from a subcontractor or supplier for delivery to the Governmentunder this contract, the Contractor shall use this same clause in the subcontract or other contractual instrument,and require its subcontractors or suppliers to do so, without alteration, except to identify the parties. This clausewill govern the technical data pertaining to noncommercial items or to any portion of a commercial item that wasdeveloped in any part at Government expense, and the clause at 252.227-7015 will govern the technical datapertaining to any portion of a commercial item that was developed exclusively at private expense. No otherclause shall be used to enlarge or diminish the Government's, the Contractor's, or a higher-tier subcontractor's orsupplier's rights in a subcontractor's or supplier's technical data. (3) Technical data required to be delivered by a subcontractor or supplier shall normally be delivered tothe next higher-tier contractor, subcontractor, or supplier. However, when there is a requirement in the primecontract for data which may be submitted with other than unlimited rights by a subcontractor or supplier, thensaid subcontractor or supplier may fulfill its requirement by submitting such data directly to the Government,rather than through a higher-tier contractor, subcontractor, or supplier. (4) The Contractor and higher-tier subcontractors or suppliers shall not use their power to awardcontracts as economic leverage to obtain rights in technical data from their subcontractors or suppliers. (5) In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplierrights in technical data as an excuse for failing to satisfy its contractual obligation to the Government.

(End of clause) 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIALCOMPUTER SOFTWARE DOCUMENTATION (FEB 2012) (a) Definitions. As used in this clause— (1) “Commercial computer software” means software developed or regularly used for non-governmentalpurposes which— (i) Has been sold, leased, or licensed to the public; (ii) Has been offered for sale, lease, or license to the public; (iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercialsale, lease, or license in time to satisfy the delivery requirements of this contract; or (iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would requireonly minor modification to meet the requirements of this contract. (2) “Computer database” means a collection of recorded data in a form capable of being processed by a

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computer. The term does not include computer software. (3) “Computer program” means a set of instructions, rules, or routines, recorded in a form that iscapable of causing a computer to perform a specific operation or series of operations. (4) “Computer software” means computer programs, source code, source code listings, object codelistings, design details, algorithms, processes, flow charts, formulae, and related material that would enable thesoftware to be reproduced, recreated, or recompiled. Computer software does not include computer databases orcomputer software documentation. (5) “Computer software documentation” means owner's manuals, user's manuals, installationinstructions, operating instructions, and other similar items, regardless of storage medium, that explain thecapabilities of the computer software or provide instructions for using the software. (6) "Covered Government support contractor" means a contractor under a contract, the primarypurpose of which is to furnish independent and impartial advice or technical assistance directly to theGovernment in support of the Government’s management and oversight of a program or effort (rather than todirectly furnish an end item or service to accomplish a program or effort), provided that the contractor— (i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, orwith any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end itemsor services of the type developed or produced on the program or effort; and (ii) Receives access to technical data or computer software for performance of a Governmentcontract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. (7) “Developed” means that— (i) A computer program has been successfully operated in a computer and tested to the extentsufficient to demonstrate to reasonable persons skilled in the art that the program can reasonably be expected toperform its intended purpose; (ii) Computer software, other than computer programs, has been tested or analyzed to the extentsufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be expected toperform its intended purpose; or (iii) Computer software documentation required to be delivered under a contract has been written, inany medium, in sufficient detail to comply with requirements under that contract. (8) “Developed exclusively at private expense” means development was accomplished entirely withcosts charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof. (i) Private expense determinations should be made at the lowest practicable level. (ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling priceof the contract, the additional development costs necessary to complete development shall not be consideredwhen determining whether development was at government, private, or mixed expense.

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(9) “Developed exclusively with government funds” means development was not accomplishedexclusively or partially at private expense. (10) “Developed with mixed funding” means development was accomplished partially with costscharged to indirect cost pools and/or costs not allocated to a government contract, and partially with costscharged directly to a government contract. (11) “Government purpose” means any activity in which the United States Government is a party,including cooperative agreements with international or multi-national defense organizations or sales or transfersby the United States Government to foreign governments or international organizations. Government purposesinclude competitive procurement, but do not include the rights to use, modify, reproduce, release, perform,display, or disclose computer software or computer software documentation for commercial purposes orauthorize others to do so. (12) “Government purpose rights” means the rights to— (i) Use, modify, reproduce, release, perform, display, or disclose computer software or computersoftware documentation within the Government without restriction; and (ii) Release or disclose computer software or computer software documentation outside theGovernment and authorize persons to whom release or disclosure has been made to use, modify, reproduce,release, perform, display, or disclose the software or documentation for United States government purposes. (13) “Minor modification” means a modification that does not significantly alter the nongovernmentalfunction or purpose of the software or is of the type customarily provided in the commercial marketplace. (14) “Noncommercial computer software” means software that does not qualify as commercialcomputer software under paragraph (a)(1) of this clause. (15) “Restricted rights” apply only to noncommercial computer software and mean the Government'srights to— (i) Use a computer program with one computer at one time. The program may not be accessed bymore than one terminal or central processing unit or time shared unless otherwise permitted by this contract; (ii) Transfer a computer program to another Government agency without the further permission ofthe Contractor if the transferor destroys all copies of the program and related computer software documentationin its possession and notifies the licensor of the transfer. Transferred programs remain subject to the provisionsof this clause; (iii) Make the minimum number of copies of the computer software required for safekeeping(archive), backup, or modification purposes; (iv) Modify computer software provided that the Government may— (A) Use the modified software only as provided in paragraphs (a)(15)(i) and (iii) of this clause;and (B) Not release or disclose the modified software except as provided in paragraphs (a)(15)(ii),

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(v) and (vi) of this clause; (v) Permit contractors or subcontractors performing service contracts (see 37.101 of the FederalAcquisition Regulation) in support of this or a related contract to use computer software to diagnose and correctdeficiencies in a computer program, to modify computer software to enable a computer program to be combinedwith, adapted to, or merged with other computer programs or when necessary to respond to urgent tacticalsituations, provided that— (A) The Government notifies the party which has granted restricted rights that a release ordisclosure to particular contractors or subcontractors was made; (B) Such contractors or subcontractors are subject to the use and non-disclosure agreement at227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS) or are Government contractorsreceiving access to the software for performance of a Government contract that contains the clause at DFARS252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked withRestrictive Legends; (C) The Government shall not permit the recipient to decompile, disassemble, or reverseengineer the software, or use software decompiled, disassembled, or reverse engineered by the Governmentpursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and (D) Such use is subject to the limitation in paragraph (a)(15)(i) of this clause; (vi) Permit contractors or subcontractors performing emergency repairs or overhaul of items orcomponents of items procured under this or a related contract to use the computer software when necessary toperform the repairs or overhaul, or to modify the computer software to reflect the repairs or overhaul made,provided that— (A) The intended recipient is subject to the use and non-disclosure agreement at DFARS227.7103-7 or is a Government contractor receiving access to the software for performance of a Governmentcontract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends; and (B) The Government shall not permit the recipient to decompile, disassemble, or reverseengineer the software, or use software decompiled, disassembled, or reverse engineered by the Governmentpursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and (vii) Permit covered Government support contractors to use, modify, reproduce, perform, display,or release or disclose the computer software to authorized person(s) in the performance of Government contractsthat contain the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-FurnishedInformation Marked with Restrictive Legends. (16) “Unlimited rights” means rights to use, modify, reproduce, release, perform, display, or disclosecomputer software or computer software documentation in whole or in part, in any manner and for any purposewhatsoever, and to have or authorize others to do so. (b) Rights in computer software or computer software documentation. The Contractor grants or shall obtainfor the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights innoncommercial computer software or computer software documentation. All rights not granted to the

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Government are retained by the Contractor. (1) Unlimited rights. The Government shall have unlimited rights in— (i) Computer software developed exclusively with Government funds; (ii) Computer software documentation required to be delivered under this contract; (iii) Corrections or changes to computer software or computer software documentation furnished tothe Contractor by the Government; (iv) Computer software or computer software documentation that is otherwise publicly available orhas been released or disclosed by the Contractor or subcontractor without restriction on further use, release ordisclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in thesoftware to another party or the sale or transfer of some or all of a business entity or its assets to another party; (v) Computer software or computer software documentation obtained with unlimited rights underanother Government contract or as a result of negotiations; or (vi) Computer software or computer software documentation furnished to the Government, underthis or any other Government contract or subcontract thereunder with— (A) Restricted rights in computer software, limited rights in technical data, or governmentpurpose license rights and the restrictive conditions have expired; or (B) Government purpose rights and the Contractor's exclusive right to use such software ordocumentation for commercial purposes has expired. (2) Government purpose rights. (i) Except as provided in paragraph (b)(1) of this clause, the Government shall have governmentpurpose rights in computer software developed with mixed funding. (ii) Government purpose rights shall remain in effect for a period of five years unless a differentperiod has been negotiated. Upon expiration of the five-year or other negotiated period, the Government shallhave unlimited rights in the computer software or computer software documentation. The government purposerights period shall commence upon execution of the contract, subcontract, letter contract (or similar contractualinstrument), contract modification, or option exercise that required development of the computer software. (iii) The Government shall not release or disclose computer software in which it has governmentpurpose rights to any other person unless— (A) Prior to release or disclosure, the intended recipient is subject to the use andnon-disclosure agreement at DFARS 227.7103-7; or (B) The recipient is a Government contractor receiving access to the software ordocumentation for performance of a Government contract that contains the clause at DFARS 252.227-7025,Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends.

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(3) Restricted rights. (i) The Government shall have restricted rights in noncommercial computer software required to bedelivered or otherwise provided to the Government under this contract that were developed exclusively atprivate expense. (ii) The Contractor, its subcontractors, or suppliers are not required to provide the Governmentadditional rights in noncommercial computer software delivered or otherwise provided to the Government withrestricted rights. However, if the Government desires to obtain additional rights in such software, the Contractoragrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptableterms for transferring such rights. All noncommercial computer software in which the Contractor has granted theGovernment additional rights shall be listed or described in a license agreement made part of the contract (seeparagraph (b)(4) of this clause). The license shall enumerate the additional rights granted the Government. (iii) The Contractor acknowledges that— (A) Restricted rights computer software is authorized to be released or disclosed to coveredGovernment support contractors; (B) The Contractor will be notified of such release or disclosure; (C) The Contractor (or the party asserting restrictions, as identified in the restricted rightslegend) may require each such covered Government support contractor to enter into a non-disclosure agreementdirectly with the Contractor (or the party asserting restrictions) regarding the covered Government supportcontractor’s use of such software, or alternatively, that the Contractor (or party asserting restrictions) maywaive in writing the requirement for a non-disclosure agreement; (D) Any such non-disclosure agreement shall address the restrictions on the coveredGovernment support contractor's use of the restricted rights software as set forth in the clause at 252.227-7025,Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends,and shall not include any additional terms and conditions unless mutually agreed to by the parties to thenon-disclosure agreement; and (E) The Contractor shall provide a copy of any such non-disclosure agreement or waiver to theContracting Officer, upon request. (4) Specifically negotiated license rights. (i) The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) ofthis clause, including the period during which the Government shall have government purpose rights in computersoftware, may be modified by mutual agreement to provide such rights as the parties consider appropriate butshall not provide the Government lesser rights in computer software than are enumerated in paragraph (a)(15) ofthis clause or lesser rights in computer software documentation than are enumerated in paragraph (a)(14) of theRights in Technical Data--Noncommercial Items clause of this contract. (ii) Any rights so negotiated shall be identified in a license agreement made part of this contract. (5) Prior government rights. Computer software or computer software documentation that will bedelivered, furnished, or otherwise provided to the Government under this contract, in which the Government has

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previously obtained rights shall be delivered, furnished, or provided with the pre-existing rights, unless— (i) The parties have agreed otherwise; or (ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform,display, or disclose the data have expired or no longer apply. (6) Release from liability. The Contractor agrees to release the Government from liability for anyrelease or disclosure of computer software made in accordance with paragraph (a)(15) or (b)(2)(iii) of this clause,in accordance with the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whomthe recipient has released or disclosed the software, and to seek relief solely from the party who has improperlyused, modified, reproduced, released, performed, displayed, or disclosed Contractor software marked withrestrictive legends. (c) Rights in derivative computer software or computer software documentation. The Government shallretain its rights in the unchanged portions of any computer software or computer software documentationdelivered under this contract that the Contractor uses to prepare, or includes in, derivative computer software orcomputer software documentation. (d) Third party copyrighted computer software or computer software documentation. The Contractor shallnot, without the written approval of the Contracting Officer, incorporate any copyrighted computer software orcomputer software documentation in the software or documentation to be delivered under this contract unlessthe Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfecta license or licenses in the deliverable software or documentation of the appropriate scope set forth in paragraph(b) of this clause, and prior to delivery of such— (1) Computer software, has provided a statement of the license rights obtained in a form acceptable tothe Contracting Officer; or (2) Computer software documentation, has affixed to the transmittal document a statement of thelicense rights obtained. (e) Identification and delivery of computer software and computer software documentation to be furnishedwith restrictions on use, release, or disclosure. (1) This paragraph does not apply to restrictions based solely on copyright. (2) Except as provided in paragraph (e)(3) of this clause, computer software that the Contractor assertsshould be furnished to the Government with restrictions on use, release, or disclosure is identified in anattachment to this contract (the Attachment). The Contractor shall not deliver any software with restrictivemarkings unless the software is listed on the Attachment. (3) In addition to the assertions made in the Attachment, other assertions may be identified after awardwhen based on new information or inadvertent omissions unless the inadvertent omissions would have materiallyaffected the source selection decision. Such identification and assertion shall be submitted to the ContractingOfficer as soon as practicable prior to the scheduled date for delivery of the software, in the following format,and signed by an official authorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Computer

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Software. The Contractor asserts for itself, or the persons identified below, that the Government's rights touse, release, or disclose the following computer software should be restricted:

Computer Software Name of Personto be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions****

(LIST) (LIST) (LIST) (LIST)

*Generally, development at private expense, either exclusively or partially, is the only basis forasserting restrictions on the Government's rights to use, release, or disclose computer software. **Indicate whether development was exclusively or partially at private expense. If developmentwas not at private expense, enter the specific reason for asserting that the Government's rights should berestricted. ***Enter asserted rights category (e.g., restricted or government purpose rights in computersoftware, government purpose license rights from a prior contract, rights in SBIR software generated underanother contract, or specifically negotiated licenses). ****Corporation, individual, or other person, as appropriate.

Date ______________________________Printed Name and Title ______________________________ ______________________________Signature ______________________________


(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information toenable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the rightto add the Contractor's assertions to the Attachment and validate any listed assertion, at a later date, inaccordance with the procedures of the Validation of Asserted Restrictions—Computer Software clause of thiscontract. (f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictionson the Government's rights to use, modify, reproduce, release, perform, display, or disclose computer softwareby marking the deliverable software or documentation subject to restriction. Except as provided in paragraph(f)(5) of this clause, only the following legends are authorized under this contract: the government purpose rightslegend at paragraph (f)(2) of this clause; the restricted rights legend at paragraph (f)(3) of this clause; or thespecial license rights legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17U.S.C. 401 or 402. (1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall

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conspicuously and legibly mark the appropriate legend on all computer software that qualify for such markings. The authorized legends shall be placed on the transmittal document or software storage container and each page,or portions thereof, of printed material containing computer software for which restrictions are asserted. Computer software transmitted directly from one computer or computer terminal to another shall contain anotice of asserted restrictions. However, instructions that interfere with or delay the operation of computersoftware in order to display a restrictive rights legend or other license statement at any time prior to or duringuse of the computer software, or otherwise cause such interference or delay, shall not be inserted in software thatwill or might be used in combat or situations that simulate combat conditions, unless the Contracting Officer'swritten permission to deliver such software has been obtained prior to delivery. Reproductions of computersoftware or any portions thereof subject to asserted restrictions, shall also reproduce the asserted restrictions. (2) Government purpose rights markings. Computer software delivered or otherwise furnished to theGovernment with government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No.

Contractor Name

Contractor Address

Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose thissoftware are restricted by paragraph (b)(2) of the Rights in Noncommercial Computer Software andNoncommercial Computer Software Documentation clause contained in the above identified contract. Norestrictions apply after the expiration date shown above. Any reproduction of the software or portions thereofmarked with this legend must also reproduce the markings.

(End of legend) (3) Restricted rights markings. Software delivered or otherwise furnished to the Government withrestricted rights shall be marked with the following legend:

RESTRICTED RIGHTS

Contract No.

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose thissoftware are restricted by paragraph (b)(3) of the Rights in Noncommercial Computer Software andNoncommercial Computer Software Documentation clause contained in the above identified contract. Anyreproduction of computer software or portions thereof marked with this legend must also reproduce the

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markings. Any person, other than the Government, who has been provided access to such software mustpromptly notify the above named Contractor.

(End of legend) (4) Special license rights markings. (i) Computer software or computer software documentation in which the Government's rights stemfrom a specifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform,display, or disclose these data are restricted by Contract No._____(Insert contract number)____, License No. ____(Insert licenseidentifier)____. Any reproduction of computer software, computersoftware documentation, or portions thereof marked with this legendmust also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rightsacquired under a prior contract (see paragraph (b)(5) of this clause). (5) Pre-existing markings. If the terms of a prior contract or license permitted the Contractor to restrictthe Government's rights to use, modify, release, perform, display, or disclose computer software or computersoftware documentation and those restrictions are still applicable, the Contractor may mark such software ordocumentation with the appropriate restrictive legend for which the software qualified under the prior contractor license. The marking procedures in paragraph (f)(1) of this clause shall be followed. (g) Contractor procedures and records. Throughout performance of this contract, the Contractor and itssubcontractors or suppliers that will deliver computer software or computer software documentation with otherthan unlimited rights, shall— (1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are usedonly when authorized by the terms of this clause; and (2) Maintain records sufficient to justify the validity of any restrictive markings on computer softwareor computer software documentation delivered under this contract. (h) Removal of unjustified and nonconforming markings. (1) Unjustified computer software or computer software documentation markings. The rights andobligations of the parties regarding the validation of restrictive markings on computer software or computersoftware documentation furnished or to be furnished under this contract are contained in the Validation ofAsserted Restrictions--Computer Software and the Validation of Restrictive Markings on Technical Data clausesof this contract, respectively. Notwithstanding any provision of this contract concerning inspection andacceptance, the Government may ignore or, at the Contractor's expense, correct or strike a marking if, in

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accordance with the procedures of those clauses, a restrictive marking is determined to be unjustified. (2) Nonconforming computer software or computer software documentation markings. Anonconforming marking is a marking placed on computer software or computer software documentation deliveredor otherwise furnished to the Government under this contract that is not in the format authorized by thiscontract. Correction of nonconforming markings is not subject to the Validation of Asserted Restrictions--Computer Software or the Validation of Restrictive Markings on Technical Data clause of this contract. If theContracting Officer notifies the Contractor of a nonconforming marking or markings and the Contractor fails toremove or correct such markings within sixty (60) days, the Government may ignore or, at the Contractor'sexpense, remove or correct any nonconforming markings. (i) Relation to patents. Nothing contained in this clause shall imply a license to the Government under anypatent or be construed as affecting the scope of any license or other right otherwise granted to the Governmentunder any patent. (j) Limitation on charges for rights in computer software or computer software documentation. (1) The Contractor shall not charge to this contract any cost, including but not limited to license fees,royalties, or similar charges, for rights in computer software or computer software documentation to be deliveredunder this contract when— (i) The Government has acquired, by any means, the same or greater rights in the software ordocumentation; or (ii) The software or documentation are available to the public without restrictions. (2) The limitation in paragraph (j)(1) of this clause— (i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by theContractor to acquire rights in subcontractor or supplier computer software or computer softwaredocumentation, if the subcontractor or supplier has been paid for such rights under any other Governmentcontract or under a license conveying the rights to the Government; and (ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents orother media in which the software or documentation will be delivered. (k) Applicability to subcontractors or suppliers. (1) Whenever any noncommercial computer software or computer software documentation is to beobtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractorshall use this same clause in its subcontracts or other contractual instruments, and require its subcontractors orsuppliers to do so, without alteration, except to identify the parties. No other clause shall be used to enlarge ordiminish the Government's, the Contractor's, or a higher tier subcontractor's or supplier's rights in asubcontractor's or supplier's computer software or computer software documentation. (2) The Contractor and higher tier subcontractors or suppliers shall not use their power to awardcontracts as economic leverage to obtain rights in computer software or computer software documentation fromtheir subcontractors or suppliers.

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(3) The Contractor shall ensure that subcontractor or supplier rights are recognized and protected in theidentification, assertion, and delivery processes required by paragraph (e) of this clause. (4) In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplierrights in computer software or computer software documentation as an excuse for failing to satisfy itscontractual obligation to the Government.

(End of clause) 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions (JAN 2011) (a) The terms used in this provision are defined in following clause or clauses contained in this solicitation— (1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data--Noncommercial Items clause, or, if this solicitation contemplates a contract under the Small Business InnovationResearch Program, the Rights in Noncommercial Technical Data and Computer Software--Small BusinessInnovation Research (SBIR) Program clause. (2) If a successful offeror will not be required to deliver technical data, the Rights in NoncommercialComputer Software and Noncommercial Computer Software Documentation clause, or, if this solicitationcontemplates a contract under the Small Business Innovation Research Program, the Rights in NoncommercialTechnical Data and Computer Software--Small Business Innovation Research (SBIR) Program clause. (b) The identification and assertion requirements in this provision apply only to technical data, includingcomputer software documentation, or computer software to be delivered with other than unlimited rights. Forcontracts to be awarded under the Small Business Innovation Research Program, the notification andidentification requirements do not apply to technical data or computer software that will be generated under theresulting contract. Notification and identification is not required for restrictions based solely on copyright. (c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer issubmitted to the Government, the technical data or computer software that the Offeror, its subcontractors orsuppliers, or potential subcontractors or suppliers, assert should be furnished to the Government withrestrictions on use, release, or disclosure. (d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potentialsubcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated andsigned by an official authorized to contractually obligate the Offeror: Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data

or Computer Software. The Offeror asserts for itself, or the persons identified below, that the Government's rights to use,release, or disclose the following technical data or computer software should be restricted:

Technical Data or Computer Software Name of Person

to be Furnished Basis for Asserted Rights AssertingWith Restrictions* Assertion** Category*** Restrictions****

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(LIST)***** (LIST) (LIST) (LIST)

*For technical data (other than computer software documentation) pertaining to items, components, orprocesses developed at private expense, identify both the deliverable technical data and each such item,component, or process. For computer software or computer software documentation identify the software ordocumentation. **Generally, development at private expense, either exclusively or partially, is the only basis forasserting restrictions. For technical data, other than computer software documentation, development refers todevelopment of the item, component, or process to which the data pertain. The Government's rights incomputer software documentation generally may not be restricted. For computer software, development refersto the software. Indicate whether development was accomplished exclusively or partially at private expense. Ifdevelopment was not accomplished at private expense, or for computer software documentation, enter thespecific basis for asserting restrictions. ***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights inSBIR data generated under another contract, limited, restricted, or government purpose rights under this or aprior contract, or specially negotiated licenses). ****Corporation, individual, or other person, as appropriate. *****Enter “none” when all data or software will be submitted without restrictions.

Date _________________________________Printed Name and Title _________________________________ _________________________________Signature _________________________________


(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph(d) of this provision with its offer may render the offer ineligible for award. (f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall belisted in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall providesufficient information to enable the Contracting Officer to evaluate any listed assertion.

(End of provision)

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SECTION J LIST OF ATTACHMENTS

Attachment 1 - DD 254 Contract Security Classification Specification

Attachment 2 - Contract Data Requirements List (CDRL)

Attachment 3 - Data Item Descriptions (DIDs)

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