Free Notice (Other) - District Court of Federal Claims - federal

Case 1:02-cv-00796-FMA

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CENTER

WASHINGTON include,

N00600-94-C-0389 but are not

expected future limited to: (a) (b) 3.6.1.2

technological

advances

Expert

systems

using

artificial Digital

intelligence (ISDN)

Integrated

Services

Network

Technical

Support support shall be available in

accordance 3.7

On-site technical with the SOW.

Personnel personnel ATC with Plan in a wide range of fields minimal on-site training. shall

Navy and civilian be able to operate the 3.8 Training and

Training

In accordance with the SOW, the vendor shall prepare a comprehensive training plan to include the preparation, support, and implementation of the training program. It shall provide for scheduling, development, and management of training activities. The vendor shall propose the most efficient and practical personnel training methods for the ATC operation. 3.8.1 Software Maintenance Training

The vendor shall provide a software maintenance course. This course shall enhance instruction provided by the system software documentation and shall include hardware features affecting operating system functions. The vendor shall provide the following items: (a) (b) (c) (d) 3.8.2 Training Courses/Curriculum Guides Course Guide Test. Outline

Instruction/Lesson Student's Measurement Training Training

of Student

Achievement

Operator

The vendor shall provide a training course which will instruct ATC operators in use of the ATC. The course shall consist of both formal training and OJT in hardware and software system concepts, use of the system manual to aid in problem solving, and in hardware use and functional configuration.

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The training, to be conducted during the installation/acceptance testing phase, shall provide personnel with a working knowledge of the ATC system that will allow them to maintain reliable communications. The vendor shall provide the following training items: (a) (b) (c) (d) Formal operator (a) (b) (c) (d) (e) Training Instructor Student's Measurement training Overview System System Network Course/Curriculum Lesson Training of shall of Guides Course Guide Test Outline

Student consist

Achievement of, at

a minimum:

system

operations procedures procedures System of (NMS) operations files

start-up/shut-down log-on/log-off Management

Creation and and reports Alarm

management

operator-defined

(f) (g) 3.8.3

monitoring

and

response and testing procedures

System/circuit Review

monitoring and Comments

Government

Draft and preliminary training materials shall be available for review by Government personnel. The Government shall review materials for both technical and editorial completeness and forward the comments to the Contractor for the next submission.

3.9 3.9.1

Documentation Software Vendor Documentation Developed Software a copy of for the the

3.9.1.1

source

The vendor shall provide the Government code in hardcopy and machine readable form

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software and firmware used in the ATC. The source code must be provided to the Government for the purpose of computer security inspection and verification. 3.9.1.2 Vendor Purchased Software - Copyrights Available

The vendor shall provide the Government a copy of the source code in hardcopy and machine readable form for all purchased software and firmware used in the ATC to which the vendor has the rights. This source code must be given to the Government for purposes of computer security inspection and verification. 3.9.1.3 Vendor Purchased Software - Copyrights Not Available

For those software/firmware packages for which the vendor can not obtain the copyrights to the source code, the vendor shall arrange to have those copyrights passed directly to the Government from the software vendor. The Government reserves the rights to use the source code for security inspection and verification. 3.9.1.4 Software Manuals

The vendor shall provide the Government the necessary documentation for maintenance and use of the software/firmware specified by this document. This includes, at a minimum, four sets per site of the following manuals: (a) (b) 3.9.2 Operator Manual(s) Manual(s)

Maintenance

Systems

Administration shall provide systems-level documentation all the features of the proposed ATC system and software. This shall include, but not

The vendor necessary to utilize equipment, firmware, be limited to: (a)

A complete description documentation Audit trails features

of ATC

system

functions

and

(b)

Security (d) Local

equipment

preventive

maintenance

procedures

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(e) Local equipment an operator (f) (g) (h) (i) 3.9.3 Start-up Recovery Data of the from

actions

system system failure(s)

any

backup backup Guide shall

procedures procedures.

System

Diagnostics The vendor

provide

a diagnostics

trouble-shooting

guide. 3.9.4 Technical Manuals and Publications

A minimum of four sets per site of all technical manuals prepared specifically for the ATC, and any commercial equipment manuals involving the ATC shall be provided. 3.10 Hardware Documentation

Hardware documentation shall provide technical data on the ATC system components. For the duration of the contract, documentation for future changes to equipment shall be provided as they occur (minimum of four sets per site). 3.11 Licenses and Permits

The ATC system hardware, firmware, and software must be in current production. The vendor shall be responsible for obtaining all requisite and necessary licenses and permits for complying with any or all applicable National and/or municipal laws, codes, and regulations of the geographical area(s) in which the equipment will be installed in connection with the performance of the contract. When the vendor firm is offering equipment that is manufactured entirely or in part from assemblies produced by another contractor, or is manufacturing the equipment under license, this shall be stated in the bid. Details of the original designer/manufacturer and contractual relationship with the bidder shall be provided so the precise origin of the hardware, firmware, and software can be established. 3.12 Modifications

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The vendor shall be entirely responsible for all modifications found necessary to correct unsatisfactory operation of the ATC within the terms of the contract, including the supply of all modification kits, special test equipment and tools required to implement and test modifications, and the update of handbooks and drawings. All modifications subsequent to ATC equipment acceptance shall be fully documented and include: (a) Modification number and those rendered

surplus

(b) List of materials required following the modification (c)

modification (d)

Detailed modification instructions, verification test procedures

and

Appropriate instructions to correct documentation delivered within the terms of the contract.

OTHER

INFORMATION: Additional information are located in Section APPENDIX APPENDIX APPENDIX APPENDIX APPENDIX APPENDIX APPENDIX APPENDIX APPENDIX APPENDIX (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) as well as specifications J as follows: for

each

site

NTCC HAMPTON ROADS NCTS JAPAN NTCCMAKALAPA NTCC CAMP SMITH NCTS SICILY NCTS PUERTO RICO NCTS LONDON EXAMPLES OF CURRENTLY USED TCF FORMS ATC NMS FUNCTIONAL REQUIREMENTS LIST OF ACRONYMS AND ABBREVIATIONS

Note: Site specific tables reflect actual equipments, circuit counts, land line counts, but do not reflect actual port counts required to be cutover to the ATC. All multiplexers will be wired to their maximum capability with the exception of Integrated Digital Network Exchange (IDNX) and TIMEPLEX multiplexers.

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C.1

SCOPE OF CONTRACT

(a) The Naval Regional Contracting Center is procuring turnkey AutomatedTechnical Control systems for the Space and Naval Warfare Systems Command. (b) The Contractor shall furnish, as required, the hardware/software/systems/maintenance and other Contractor support services required for the support of all items under this contract. Such equipment, software, maintenance, and other Contractor support services shall be supplied in conformance with the terms and conditions of this contract. C.3 FEDERAL INFORMATION PROCESSING STANDARDS (FIPS)

(a) The standards identified as an Attachmentto this solicitation (Attachment2) apply to acquisition. FIPS Publications themselves maybe obtained from the National Institute of Standards and Technology (NIST), Department of Commerce,Washington, D.C. (b) Terminologyfor specifying standards can be found in the Federal ADP and TelecommunicationsStandards.Index, which maybe obtained from the Superintendent of Documents, GovernmentPrinting Office, Washington, D.C. 20402. C.6 USED EQUIPMENT

When used/refurbished equipment is proposed, equipment must be identified as such and be warranted the same as new equipment. C.7 ~FURBISF£EDEQUIPMENT, SUP 5252.239-9412 (JAN 1992)

Refurbished or remanufactured equipment maybe offered. If refurbished or remanufactured equipmentis proposed, it shall be completely renovated, thoroughly inspected, repaired as necessary, and subject to the sameproduct performancespecifications and testing for serviceability prescribed by the manufacturer for newly manufactured equipment. All such refurbished or remanufactured equipmentshall be so identified and must be warranted as
new,

C.8

CERTIFICATE

OF MAINTA~ABILITY

(a) At such time as the services of the contractor are terminated, expire contractually or are otherwise not extended, the contractor shall within five (5) workingdays, issue a "Certificate

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of Maintainability" for all equipmentmaintained by the Contractor under this contract. (b) The certificate shall state that preventive maintenancein accordancewith the specifications of the original equipmentmanufacturer (OE1V0 been performed and that the has equipment is performing in accordance with the OEM's specifications such that the OEM (or the OEM's successor in interes0 commits that it would assume maintenance of the equipment without any one-time charges (including but not limited to repair or inspection charges) such maintenancewere assumedeffective the day after the contractor's performance ceases. The contractor is responsible for b~ngall costs associated with obtaining such certification and at no separate charge to the Government. (c) Shouldthe contractor fail to issue the required Certificate of Maintainability accordance with this clause, or should any equipmentfail to perform in accordance with the certification, the contractor shall be liable to the Government any reasonable costs for incurred by the Government bringing the equipmentup to maintainable level(s). in

C.9

INTERCHANGEABILITY OF PARTS IS REQUIRED

All replacement/spare parts shall be guaranteed to be equal in all respects (including performance,interchangeability, durability and quality), to parts specified for use by the Original Equipment Manufacturer (OEM). C.10 REPLACEMENT PARTS AVAILABILITY, SUP 5252.239-9403 (JAN 1992)

The Contractor guarantee.s that replacement parts for each machinein this contract will be available for a minimum 15 years from the date of this contract. Subsequent to this of period, if parts are not available from the Contractor, it shall, if requested by the government, furnish data to enable the governmentto have such parts manufactured elsewhere. C.11 OPERATI~IG SOFFWARE, SUP 5252.239-9402 (JAN 1992)

The operating software required to makeuse of equipmentacquired under this contract shall be provided, and supported, by the Contractor. Operating software refers to those routines that interface directly with hardwareperipheral devices, the computeroperations, and applications and utility programs.

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C.12

SOFTWARE

(a) Software Furnished. The Contractor shall furnish the software listed in Sections and/or C as well as all supporting evaluated optional features proposed by the Contractor and accepted by the Government.The Contractor shall support such software, including any Contractor-sponsoredmodification(s) or revision(s) thereof, at no additional cost to Government the duration of this contract, including any renewals and extensions thereof. for The software support provided shall, at a minimum, consist of error correction, and providing Contractor-sponsored (and Government-accepted) modifications, improvementsand revisions. 0a) Software Modifications and Revisions. The Governmentshall be provided with full documentationof all Contractor changes and/or modification to the software provided to meet the Government's requirements. The software is listed in Section B of this contract. In the event there are newsoftware releases, the Government elect to accept any later may version(s) of the software and, if accepted, software support shall be provided at additional cost to the Government the duration of this contract, including any renewals for and extensions thereof (any additional equipmentrequired to accommodate such later version(s) will be provided at the Government'sexpense). In the event the Government elects to not accept later version(s) of the software, the Contractor shall continue to correct any latent defects in the software supplied under this contract. However,the Contractor's obligation to correct latent defects shall be limited to those services necessary to permit the governmentto process the workloadidentified in the contract.

C.13

MANUALS AND PUBLICATIONS

(a) General. The Contractor shall furnish, in accordance with Schedule B and the Form(s) 1423, user manuals and publications for all Contractor software and equipment provided under this contract, if any. (b) Other Manuals. In addition to the above specified agency documentation requirements, the offeror mayinclude in its proposal any other manualsand programdescriptions which it wouldconsider helpful to the user. (c) Updated Versions. The Contractor shall notify the Governmentas soon as updated versions of the above documentation items becomeavailable. The Government will specify its requirements, if any, for such updates in numbersnot to exceed the initial requirements

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N00600-94-C-0389

Rental and maintenancecharges do not include consumableoperational supplies, e.g., paper, tape, carbon. Supplies used by the Government shall conform to the equipment Contractor's technical specifications or equivalent.

C.15

TRAINING

(a) Schedule for Training. The Contractor shall provide training in accordance with the schedule below. All instructors shatl be experienced in the fields for which they are providing training and should gear the training to the Contractor's specific equipment, and not to basic concepts. The Contractor shall provide the students/attenders with all necessary and appropriate materials, manualsand course outlines necessary to accomplishthe Government's training goals in accordance with Functional Specification paragraphs 3.8 through 3.8.3. Type of ~ Operator Training Location of Training On-Station and on the Job Training ~' Maximum Number ~tudents* 15 persons per site Course ~ TBN Duration of Course TBN

Maintenance Training Software Training

15 persons per site 15 persons per site

TBN

TBN

"

TBN

TBN

TBN=To negotiated be *Training will be conductedat individual sites. Training for Lots II through V will be based on the above (with a maximum 10 students per site) and will be of accordance with option provisions contained herein. Train'mg in Lots VI through IX will include the above classes with a maximum 8 students per class per site and of will be in accordance with option provisions contained herein.

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(b) Reviewand Approval. The training course curriculum shall be subject to the Government'sapproval prior to award. The training schedule and numberof people to be trained mayvary, subject to the Government'srequirements. In no event shall the maximum numberof students be greater than that indicated above. Scheduling and duration of courses w'fil be subject to mutual agreement between the contractor and government. (c) In the event the Government intends to re.schedule course date(s), the Government shall provide the Contractor with at least thirty (30) days' written notice. Anychange in the course scheduling shall not be cause for the Government's incurrence of additional costs, nor be the subject of a claim unless the thirty day notification is not given by the Government.

C.18

SUBSTITUTION OR ADDITION OF PERSONNEL, SUP 5252.237-9400 (JAN 1992)

(a) The offeror agrees to assign to the contract those persons whoseresumes, personnel data forms or personnel qualification statements were submitted as required by Section L to fill the requirements of the contract. Nosubstitution or addition of personnel shall be made except in accordancewith this clause. (b) The Offeror agrees that: [ ] during the contract performance period I-X] during the first 180 days of the contract period no personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden illness, death or termination of employment. any of these events, the In Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (d) herein. (c) If personnel for whatever reason becomeunavailable for workunder the contract for continuous period exceedingthirty (30) workingdays, or are expected to devote substantially less effort to the workthan indicated in the proposal, the Contractor shall propose a substitution of such person(nel), in accordancewith paragraph (d) herein. (d) All proposedsubstitutions shall be submitted, in writing, to the Contracting Officer least fifteen (15) days (thirty (30) days ira security clearance must be obtained) prior proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution(s) and any other information required by the

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Contracting Officer to approve or disapprove the proposed substitution(s). All proposed substitutions (no matter whenproposed during the performance period) must have qualifications equal to or greater than the qualifications of the person(s) to be replaced. (e) In the event a requirement to increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract occurs, the Contractor shall submit to the Contracting Officer a written request for approval to add personnel to the designated labor category. The information required is the same as that required in paragraph (d) herein. The additional personnel shall have qualifications greater than or equal to at least one (1) if the individuals proposedfor the designated labor category. (f) TheContracting Officer shall evaluate requests for substitution and addition of personnel and promptly notify the Offeror, in writing, of whether the request is approvedor disapproved. (g) If the Contracting Officer determines that suitable and timely replacement of personnel whohave been reassigned, terminated, or have otherwise becomeunavailable to perform under the contract is not reasonably forthcomingor that the resultant reduction of productive effort wouldimpair the successful completion of the contract or the delivery order, the contract maybe terminated by the Contracting Officer for default or for the convenienceof the government,as appropriate. Alternatively, at the Contracting Officer's discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, s/he mayequitably adjust (downward) contract price or fixed fee to compensatethe governmentfor any the delay, loss or damage a result of the Contractor's action. as

C.19

PERSONNEL QUALIlZlCATIONS (MINIMUM), SUP 5252.237-9401

(JAN 1992)

(a) Personnel assigned to or utilized by the Contractor in the performanceof this contract shall, at a minimum, meet the experience, education, or other backgroundrequirements set forth belowand shall be fully capable of performingin an efficient, reliable and professional manner. If the offeror does not identify the labor categories listed below by the same specific rifle, then a cross-referencing list should be providedin the offeror's proposal identifying the difference. (b) The governmentwill review resumes of Contractor personnel to be assigned, and personnel not currently in the employof the Contractor, a written agreement from the potential employeeto workshall be presented as part of the technical proposal.

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(c) If the Contractong Officer questions the qualifications or competenceof any person performingunder the contract, the burden of proof to sustain that the person is qualified as prescribed herein shall be upon the Contractor. (d) The Contractor must have the personnel, organization, and administrative control necessary to ensure that the services performedmeet all requirements specified in the Contract. The workhistory of each Contractor employeeshall contain experience directly related to the tasks and functions to be assigned. TheContracting Officer reserves the right to determine whethera given workhistory contains necessary and sufficiently detailed related experience to reasonably ensure the ability for effective and efficient performance. LABOR CATEGORY Program Manager Ref: SOW 3.6.2

On-Site Maintenance Technician Ref: SOW 3.6.1 and 3.6.3 Installation Supervisor Training Personnel Ref: SOW 3.6.1 Ref: SOW 3.6.1

C.20

MAINTENANCE

(a) Responsibilities of the Contractor. When ordered, the Contractor shy provide maintenance(labor and parts) at the prices shownin Section B of contract, and shall keep the equipmentin good operating condition. The system (or machine) shall be considered to be good operating condition whenit operates within the permissible consecutive and non-consecutive hours specified in the contract. Maintenanceservice shall not include electrical workexternal to the equipment, the furnishing of supplies, nor adding or removing accessories, attachments, or other devices. It shall not include repair of damageresulting from accident, transportation betweenGovernment sites, neglect, misuse, failure of electrical poweror air-conditioning or humidity control, or cause other than ordinary use. All parts, including those required for maintenanceoutside the Principal Period of Maintenance(PPM), if applicable, are included in the fixed monthlycharge. (b) Responsibilities of the Government. (1) Government personnel shall not perform maintenance or attempt repairs

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equipmentwhile such equipmentis under the purview of this contract unless agreed to by the Contractor. (2) Subject to security regulations, the Government shall permit access to the equipmentwhich is to be maintained. (3) The Governmentsha~ provide adequate stemge space for spare parts and adequateworkingspace (including heat, fight, ventilation, electric current and outlets) and telephones (for local ca~s only) for the use of maintenancepersonnel. These facifities shall be within the reasonable distance of the equipmentto be serviced and shall be provided at no charge to the Contractor. (4) The Government shall provide time for Contractor-sponsored modifications within a reasonable time after being notified by the Contractor that a modification is ready to be made. The time required to makethe modification shall be outside the normal preventive maintenance hours. (5) The Governmentsha~ maintain site requirements in accordance with the equipmentenvironmental specifications furnished by the Contractor, if any.

C.21

ON-SITE

MAINTENANCE

(a) On-site maintenanceis defined as that methodof providing Federal Information Processing (FIP) equipmentmaintenance in which the Contractor stations personnel permanently at the Government's location(s). On-site preventive maintenanceshall performed in accordance with the Contractor-proposed (and Government-approved) maintenanceplan(s) during the Principle Period of Performance(PPM)as stipulated paragraph (c) and in accordance with the fixed monthly charges shownin Section B of this contract. In the event equipmentunder this contract requires remedial maintenanceduring the PPM,regardless of howmanytimes the equipment requires said maintenance, the government mayrequire the Contractor to respond and have the equipment functioning within the timeframes listed within this contract. Remedialmaintenanceis defined as determining whyF/P equipmentis malfunctioning, and effecting either repair or replacement of said malfunctioning equipment. For the purposes of this contract, Contractor response under On-Site maintenance is 15 minutes. (b) In addition to providing on-site preventive and remedial maintenanceservices during the stated PPM,remedial maintenanceservices shall be provided Outside the Principal Period of

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Maintenance (OPPNI) when ordered by the Government. A response time of two (2) hours is required for this per-call remedial maintenance.Hourlyper-call rotes shall be in accordance with Attachment3 (Table B-6) of this contract. (c) The PPMfor this contract is 7:00 A,M. to 4:00 P.M. Mondaythrough Friday. This period includes one (1) hour for lunch.

C.24

PREVENTIVE

MAINTENANCE

(a) Preventive maintenance shall be performed during the Principle Period of Maintenance as specified within this contract and in accordance with the Contractor's proposed(and Government-approved) preventive maintenance plan(s). The Contractor shall identify frequency and duration of the preventive maintenancerequired for the equipmentlisted in Section B in its proposal (see Section L). (b) If a mutually agreeable preventive maintenanceplan cannot be established betweenthe Government the Contractor, the Government and reserves the right to specify the hours and days during which preventive maintenanceshall take place (within the PPM).

C.25 NON-CI3tARGEABLE MAINTF_aNANCEITEMS There shall be no additional charges for: (a) Replacement parts, un/ess such parts are required due to the fault or negligence of the Government; (b) Preventive maintenance, regardless of when performed; (c) Remedial maintenance which was requested during the PPM specified in the contract, regardless of whenthe maintenanceis performed; (d) Timespent by maintenancepersonnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, etc., after a service call has commenced; (e) Remedial maintenance required on any machine (including periods which would otherwise be OPPM) when the scheduled preventive maintenance for that machine

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preceding the malfunction had not been performed unless preventive maintenance was omitted at the Government's request or the Contractor was denied access to the equipment; (f) Remedialmaintenancerequired within a 48-hour period due to a recurrence of the same malfunction (including periods during what would otherwise be OPPM); (g) Chargeable time spent for repair; Description(s) of malfunction(s).

C.26

MAENTF.2NANCE OF INSTALLED SYSTEM CONFIGURATION, SUP 5252.239-9401 (JAN 1992)

The equipmentcontained in Section B is subject to change as a result of upgrades, deletions or substitutions of equipment, or th~'oughrequirements for additional hardwaredue to resource expansion. To provide for these changes in maintenanceduring the life of the contract, this contract contains provisions for the addition and deletion of equipmentwhich, in the aggregate, mayincrease the contract value for each base or option period by up to 25%of the contract value for that period. Clause SUP5252.239-9404, System Configuration: FIP MaintenanceContracts, provides terms and conditions relative to this clause.

C.27

SYSTEM CONFIGURATION: FIP SUP 5252.239-9404 (JAN 1992)

MAINTENANCE CONTRACTS,

The governmentreserves the right, throughout the performanceperiod, to substitute items of equipmentcontained in Section B without price revision. Maintenanceof the substitute equipmentshall be performed at the sameprice set forth in Section B for comparable equipment. (b) The governmentreserves the right to delete equipment at any time during theperiod performance. The governmentmayunilaterally reduce the price of the contract based on the prices set forth in Section B for the deleted equipment. (c) The governmentreserves the right to require maintenance on additional equipment whether or not comparableitems are already priced in the contract, however, the contract's

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value for the base period and each option period maynot be increased by more than 25 %to provide for maintenanceof additional equipment. (d) Maintenanceof an additional item of equipmentthat is comparableto an existing contract line item shall be performedat the price established for the existing line item. When there is no existing line item comparableto the additional item of equipment, a price shall be negotiated and agreed upon between the governmentand Contractor, and a bilateral modification shall be executed to incorporate the change.

C.28

ALTERATIONS AND ATTA~S, SUP 5252.239-9413

(JAN 1992)

(a) GovernmentAlterations. Upon30 days written notice, the Governmentmay make alterations or install attachments to the Contractor's equipment,providedthat such action will not create a safety hazard. The Government shall assumeflail liability for any damages and/or degradation in equipmentperformanceattributable directly to such alteration or attachment. Co) Removalof Alterations or Attachments. Before discontinuance of rental, the Government shalt removealterations or attachments which are not the property of the Contractor, and the equipmentshall be restored to the prior configuration at Government expense. (c) MaintenanceCharges. If alterations madeby the Government increase the cost maintenance, mutually agreeable arrangements for additional maintenanceunder this contract, as applicable, shall be madefor each installation. (d) Reprogramming.Any reprogrammingagreed to by the Contractor which is required accommodate additions attachments shall be accomplished at the Government'sexpense.

C.29 USE OF HARDWARE AND/OR SOFI'WARE MONITORS (a) The Contractor shall permit inclusion or attachment of such devices as the Government maychoose for the purpose of examining or measuring the activity within the computer system. (b) Devices such as hardware monitors (which mayrequire physical connection to computer system), or software monitors (which mayrequire portions of the computer

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system's control software to be displaced) are specifically included in this category. (c) The Contractor maynot prohibit the installation of such devices unless the particular device will cause significant or permanent damageto the computer system. The Contractor shall assist the Government identifying and locating device connections whenrequested by in the Government the Contractor provides such service to other customers. Cost for this if service, if any, is stated in Section B of this contract. (d) Hardwareand software monitors fall within the purview of the Alterations and Attachments clause, if this clause is included herein.

C.31

SPECIAL ADPE

PROVISIONS

FOR MAINTENANCE OF GOVERNMENT-OWNED

(a) General. The maintenanceprices listed in this contract include the cost of labor and parts and such other expenses necessary to keep the equipmentin good operating condition. (b) Maintenance Coverage (1) The Contractor shall honor orders for maintenance under any of the maintenance options set forth in Sections B and C for periods of one (1) year or less at the prices shownin Section B. All equipmentwhich is a part of the system delivered under this contract, if this contract calls for equipmentdelivery, shall be covered by the same maintenance provisions. (2) The effective date of maintenanceservices, the type and modelnumber(s) of equipmentand applicable charges shall be specified on the order (or contract). (3) The effective date of maintenanceservices shall not be prior to the exp'Lration of the warranty period, if any. (4) Discontinuance Notice. When discontinuing maintenance pursuant to this clause, the Government will give the Contractor 30 days' prior written notice of its intent to discontinue maintenanceservices, or a shorter notice whenagreed to by the Contractor. However,no discontinuance notice is required if the Government elects not to exercise an option. (c) Responsibilities of Contractor

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Filed 03/18/2005

Page 18 of 20

NAVAL REGIONAL CONTRACTING CENTER WASHINGTON

N00600-94-C-0389

(1) Ordy newstandard parts, or parts equal in performance to new parts, shall used in makingrepairs. Parts which have been replaced shall becomethe property of the Contractor. (2) Should the Government makealterations or install attachments which affect the maintenanceof this equipment, the continuation of maintenanceservice on this equipmentshall be subject to mutual agreement. Should the alterations or attachments increase the maintenancecosts to the Contractor, additional maintenancecharges shall be madeon an individual installation basis. If such alterations or attachments create a safety hazard, the Contractor maydiscontinue maintenanceservice on the hazardous equipment. In addition, should such be the cause of malfunction or downtime, such downtime shall not be creditable against the Contractor under clause G.15, Government DowntimeCredits. (d) Contractor-sponsored alterations or attachments to equipmentshall be madewith the consent of the Government.Appropriate modification of the contract shall be negotiated for each such alteration which either enhances the value of the system to the Government or decreases the overall maintenancecosts. (e) Movementof Equipment (1) In the event the system(s) being maintained under the terms and conditions of contract is/are moved another location within the samegeographical service area, to as designated by the Contractor, the terms and conditions of this contract shall continue to apply. If the system(s) must be movedoutside the Contractor's designated service area, then the continued applicability of this contract shall be subject to mutual agreement. (2) The Government shall give at least thirty (30) days written notice to Contractor of its intention to movethe equipment, except in emergencies. (3) Maintenancecharges shall be suspended on the day dismantling of the equipment in preparation for shipment is begun. Maintenancecharges shall be reinstated on the day the equipmentis reassembled. In the event the Contractor performs said functions, the Government shall be charged for disassembly and reassembly at the applicable OPPM rates shown in Table B-6. (4) Shipmentto the newinstallation(s) shall be at the Government's expense military or commercialcarrier(s) or, at the Government's option, provide the

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Case 1:02-cv-00796-FMA

Document 46-6

Filed 03/18/2005

Page 19 of 20

NAVAL REGIONAL CONTRACTING CEN'I~R

WASHINGTON

N00600-94-C-0389

Contractor with an authorization to ship by commercialcarrier, in which case the Government shall be invoiced for transportation, rigging and drayage costs.

C.32

REPORTING REQUIREMENTS

The contractor shall furnish a signed malfunction report to the COTR upon completion of each maintenance call. The report shall include as a minimum, following: the

(a) (d) (e) (0

Contract Number Contractor's Name Date and time notified Date and time of arrival Type and description of machine Chargeable time spent for repair (for OPPM calls) Description of malfunction

C.34

DATA ITEMS (NOT-SEPARATELY PRICED (NSP))

The Contractor shail furnish the Data identified in Section B as "Not Separately Priced (NSP)" in accordance with the DDForm(s) 1423, Attachment 6 of Section

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Case 1:02-cv-00796-FMA

Document 46-6

Filed 03/18/2005

Page 20 of 20

NAVAL REGIONAL CONTRACTING CENTER WASHINGTON

N00600-94-C-0389

SECTION D - PACKAGING AND MARKING D.1 PACKAGING

(a) The supplies shall be packaged in accordance with commercialpractices and in a manner that will afford protection against corrosion, deterioration and physical damage during direct shipment. (b) The supplies shall be packed in a mannerconforming to the requirements of Uniform Freight Classification for rail shipment; National MotorFreight Classification for truck shipment; Parcel Post Regulations; and the regulations of other carriers as applicable to the modeof transportation employed.

D.4

PROHIBITED

PACKING MATERIALS

The use of asbestos, excelsior, newspaperor shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, loose-fill polystyrene is prohibited for shipboard use.

D.6

MARKINGS OF WARRANTED ITEMS, (NAVSUP)(JAN

1992)

(a) Each item covered by a warranty shall be stamped or markedin accordance with MIL-STD-129, "Marking for Shipment and Storage". Wherethis is impracticable, written notice shall be attached to, or furnished with, the warranted item. Co) Markingswill state (1) (2) (3) (4) (5) the existence and substance of warranty; its duration; whom notify if supplies are found to be defective; to manufacturer (or entity) providing the warranty; an indication whether attempted on-site repair by governmentpersonnel shall void warranty.

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