13_1449.pdf

N6426725Q5027

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each

25' MARINE MAMMAL BOAT

FFP

The contractor shall build the boat in accordance with Section C- Statement of work and all attachments FOB: Destination

PSC CD: 1940

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 2 Each

OPTION 25"MARINE MAMMAL BOAT

FFP

The Contractor shall build the boat in accordance with Section C - STATEMENT OF WORK and all attachments

PSC CD: 1940

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

SALES TAX EXEMPTION

The contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

This is an official Request for Quote (RFQ) under FAR Part 13.

This procurement contains the following contract type(s): FFP – Firm-Fixed Price

1. INTRODUCTION

PMS300 requires the procurement and delivery of two (2) Marine Mammal boats and two (2) options, as directed by PMS300G U.S. Navy Boats and FMS & Craft program office.

2. BACKGROUND

The Marine Mammal Boats are used by Naval Information Warfare Center (NIWC) Pacific, Reconnaissance Division, to detect, locate, mark and recover objects in harbors and coastal areas. These boats directly support the mission readiness of the NIWC Marine Mammel Program. Current boats in service are beyond service life and economical repair and/or modification.

3. SCOPE

The Contractor is required to provide and deliver two (2) Marine Mammal boats and two (2) as options is exercised, in accordance with this Statement of Work (SOW), Paragraph 5.0 Requirements.

4. APPLICABLE DOCUMENTS

N/A

5. REQUIREMENTS

5.1 GENERAL STATEMENT OF WORK

This Statement of Work (SOW) defines the effort required for the design, construction, testing, configuration control, documentation, and program management for the acquisition of the Marine Mammal boats for NIWC.

Award of this contract does not guarantee all of these efforts will be conducted. The Contractor will only conduct efforts upon the award of specific delivery order invoking the ELIN’s in the pricing attachment in accordance with the detailed description in Section C, Parts 2 and 3 and the contract.

Only the Procuring Contracting Officer (PCO) has the authority for the U.S. Navy to authorize or change work and sign contract documents. No other personnel are authorized by their formal communications or by their course of conduct to commit the U.S. Navy to price changes, schedule changes, or to perform different or additional work. The Contractor shall only execute tasking or requests for support under this contract when such direction comes from, or is agreed to by, the PCO.

The award of the contract does not indicate the Government has approved or certified the design provided with the proposal. The Contractor shall remain fully responsible for delivering the boat, which meets the requirements of this Contract.

5.1.1 BACKGROUND

The Reconnaissance and Interdiction Division at NIWC Pacific manages the Navy’s Marine Mammal Program which trains marine mammals to detect, locate, mark and recover objects in harbors, coastal areas, and at depth in the open sea. Marine mammals also assist security personnel in detecting and apprehending unauthorized swimmers and divers that might attempt to harm Navy personnel and infrastructure. The marine mammals either swim alongside the boat or ride in the boat itself.

5.1.2 QUANTITIES

The contract is for two (2) boats and two (2) options, if exercised.

5.1.3 DESIGN, MANAGEMENT AND PRODUCTION

The Contractor will be responsible for managing all activities (design, engineering, logistics, testing and production) under this contract for successful execution. After award the Government will conduct a Design Maturity Review with the Contractor that will occur prior to the start of Initial Production.

5.2 CONTRACT LINE ITEM NUMBER DESCRIPTIONS

5.2.1 CLIN 0001– MARINE MAMMAL BOAT

The Contractor shall construct the boat in accordance with SOW, Paragraph 5.3 below and the Specification (Attachment 1 – Marine Mammal Specification Rev). All boat-specific efforts shall be included in the pricing for this CLIN including:

5.2.1-1 BOAT– The Contractor shall provide the boat in accordance with the Specification (Attachment 1 Marine Mammal Boat Specification).

5.2.1-2 UID – The Contractor shall provide Unique Item Identification (UID) and Documentation for every boat in accordance with DFARS Clause 252.211-7003 and the requirements provided in the UID (Attachment 4 - Unique Item Identification Item Identification).

5.2.1-3 BOAT SPARES – The Contractor shall provide initial boat spares for the boat in accordance with Attachment 3 – Marine Mammal Boat Spare Parts List and SOW, Paragraph 5.3 below.

5.2.1-4 COPY OF BOAT SPECIFIC TECHNICAL DATA PACKAGE (TDP) – The contractor shall provide for each boat one hard copy and one electronic copy of the Final TDP specific to each boat.

5.2.2 CLIN 0002 – PRE-DELIVERY INSPECTIONS AND TRIALS (PDIT)

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT), in accordance with SOW, Paragraph 5.3 and the Specification (Attachment 1 – Marine Mammel Boat Specification), Section 094.

5.2.3 CLIN 0003– TDP NON-RECURRING ENGINEERING

The Contractor shall develop the Technical Data Package (TDP) in accordance with Section 085 of the Marine Mammal Boat Specification (Attachment 1) and priced under the TDP Non-Recurring Engineering (Marine Mammal Boat) CLIN. Boat-specific TDP contents shall be included under the Boat CLIN and shall be provided with each Marine Mammal Boat.

5.2.4 CLIN 0004 – SHIPPING – CHEATHAM ANNEX - The Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with SOW, Paragraph 5.3.

Spare parts and items not integrated into the boat shall be wrapped in protective packaging or container and shall be shipped to the same location either with the boat or via separate shipping.

5.2.5 CLIN 0005 – HOISTING SLING SET - The contractor shall provide a hoisting sling set, trailer hoisting strap set and hardware as defined in the Marine Mammal Boat Specification (Attachment 1) which shall be delivered with the last boat.

5.2.6 CLIN 0006 – PROVISIONED ITEMS ORDERS SPARES - If exercised, the Contractor shall provide spare and repair parts, special tools, test equipment, materials and related support not envisioned at the time of award, in accordance with the requirements herein and the clause entitled “PROVISIONED

ITEM ORDER – ALTERNATE II”.

5.3 STATEMENT OF WORK, DESIGN, PRODUCTION AND DOCUMENTATION

5.3.1 CONFERENCES AND REVIEWS

The Contractor shall conduct a Post Award Conference (PAC) and Progress Reviews. The Contractor shall prepare meeting minutes.

5.3.1-1 Post Award Conference: The Contractor shall conduct a PAC with the Government within 45 days after contract award and subsequent boat option exercise, as needed. The conference will be held at the Contractor’s facility or by phone at the Government’s discretion. The purpose of the conference is to (1) review the contract and technical documents, (2) review the technical and schedule requirements, and (3) discuss the roles and working relationships between the Contractor and the Government.

5.3.1-2 Design Maturity Review (DMR): The Contractor shall schedule and host Government personnel for a DMR prior to the start of construction of the first boat of each variant. The purpose of the DMR is to demonstrate that the design is sufficiently mature to start construction and that the status of material ordering and delivery will support the proposed build schedule. Any potential risk areas shall be identified and mitigation plans discussed. The Government shall be satisfied that all requirements in the Specification (Attachment 1) have been incorporated into the design. The Government will notify the Contractor within seven (7) days of the completion of the DMR whether or not the start of construction is authorized. The following shall be provided fourteen (14) days prior to the DMR, and shall be discussed at the DMR:

1. Updated Design, Production, and Delivery Schedule

2. Material and purchased parts status, including but not limited to:

a. hull and deck materials,

b. major equipment,

c. long-lead time items.

3. Technical Design Analyses: The Contractor shall provide any outstanding comments or corrections on the following Technical Design Analysis that would result in final Government Approval:

a. Allocated Baseline Weight Estimate (ABWE),

b. Boat Stability Analysis,

c. Flotation Analysis,

d. Quick Draining Analysis

4. Preliminary Technical Design Analyses: The Contractor shall provide the following Preliminary Technical Design Analysis demonstrating approach and maturity of the design, including but not limited to:

a. Electrical load analysis,

b. Structural Analysis,

c. Bow Door Analysis,

d. Tow Fitting Analysis,

e. Cleat Analysis,

f. Hoisting System Design,

5. Preliminary Construction Drawings: Support reviews of Technical Design Analyses and demonstrate the approach to meet the Specification, including but not limited to:

a. Outboard Arrangement Drawing,

b. Inboard Arrangement Drawing,

c. Hoisting Drawing.

6. Construction facilities: The Contractor shall provide evidence of the facilities readiness to produce the Marine Mammal.

7. Production Manning: The Contractor shall provide evidence that manning resources are available to support planned production,

8. Requests For Variance (RFV): There shall be no open RFVs. Contract Problem Identification Reports (CPIRs) shall have a documented resolution.

9. Risk Assessment: an assessment of risk and the risk management approach to eliminate or mitigate those risks.

10. Test Plans: The Contractor shall provide the procedures and plans for the inclining experiment and bollard pull test for each variant.

5.3.1-3 Progress Reviews: Progress Reviews shall be held at the Contractor’s discretion or by Government request, as needed to support the production schedule. Reviews will be held at the Contractor’s facility, virtually or by phone and shall not interfere with continued progress or production of the boat. Reviews shall not be used as approval to proceed in design or production, unless otherwise specified, and should be used only for informing the Government of process on production, builder questions, and impending risk to program.

5.3-1-4 CONFIGURATION MANAGEMENT

The contractor shall maintain Configuration Management of the boats in accordance with Section C, Part 4 Clause C-243-H003 CONFIGURATION MANAGEMENT (NAVSEA) (JAN 2019). The baseline configuration is set on the acceptance of the initial hull of each variant.

5.3.2 WARRANTY

The Contractor will correct defects for the boat, and all installed equipment, for minimum of 18-months, starting from the date the government officially accepts the boat and after the contractor solves all discrepancies from the Post Delivery Inspection Report (PDIR) in accordance with the warranty provided in Attachment 5 - Warranty Terms.

5.3.3 PROGRAM MANAGEMENT

Roles and Responsibilities

5.3.3-1 The Contractor shall establish a project management structure that ensures overall quality of the boat components, consistent with their chosen engineering and manufacturing approach.

5.3.3-2 The Contractor shall designate a Project Manager (PM) to serve as the principal representative of the Contractor throughout the duration of contract performance. The PM shall be responsible for the performance of the contract and on-time delivery of technically compliant boats and associated equipment. At all times, the PM shall have the responsibility for ensuring program integrity and overall contract performance. The contractor shall ensure that administration, logistics, financial and other task requirements pertinent to contract performance are addressed.

5.3.3-3 The Government points of contact are listed in the clause “G-242-H001 GOVERNMENT

CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA)

(OCT 2018)

5.3.5 SPARES

5.3.5-1 Boat (initial) Spares: The Contractor shall provide initial spares for the boat as outlined in Attachment 7 – Marine Mammal Boat Spare Parts List. The spares provided for the boat shall match the propulsion configuration/OEM installed on the boat. Spares shall be managed as part of the configuration management process and the Contractor shall inform the Government of any necessary part number updates that will be required throughout the execution of this contract. Boat and Spares shall be packaged and marked in accordance with Section D of this contract.

5.3.5-2 Updates: The Contractor shall recommend updates to the contract spares list throughout the life- cycle of this contract. It is anticipated that parts will become obsolete or newer parts will become available that should be provided as part of spares offered.

5.3.5-3 PIO SPARES: If ordered, the Contractor shall provide PIO spares in accordance with C-217-

H003 PROVISIONED ITEMS ORDERS—ALTERNATE II.

5.3.6 PACKAGING – See Section D of the contract

5.3.7 DELIVERY -The Contractor shall deliver the boats to East (CAX) or West Coast (DDDC) stock point locations, or locations, as defined in Section F of the basic contract. The Government will identify a delivery location for each Marine Mammal boat and order delivery options as part of each delivery order.

This will allow the Contractor to plan for production and shipping based upon the agreed final destination.

5.3.8 DELIVERY - The Contractor shall deliver the boats to East (CAX) or West Coast (DDDC) stock point locations, or locations, as defined in Section F of the basic contract. The Government will identify a delivery location for each Marine Mammal and order delivery options as part of each delivery order. This will allow the Contractor to plan for production and shipping based upon the agreed final destination.

5.3.9 UNIQUE ITEM IDENTIFICATION - The Contractor shall provide Unique Item Identification (UID) and Documentation for every boat in accordance with DFARS Clause 252.211-7003 and the requirements provided in the UID (Attachment 4).

5.3.10 ESSENTIAL CYBERSECURITY COMPONENT (ECSC) DATA COLLECTION

For each boat the Contractor shall document and provide the Essential Cybersecurity Component (ECSC) details of hardware model/part number, hardware serial number, software version, and firmware version in accordance with Sections 085 of the Specification (Attachment 1 – Marine Mammal Boat Specification Rev).

5.3.11 TECHNICAL DATA PACKAGE

5.3.11-1 General: The Contractor shall provide a copy of the Technical Data Package (TDP) with the boat in accordance with Section 085 of the Specification (Attachment 1 – Marine Mammal Boat Specification). The costs (e.g. print, arrange, bind, etc.) to provide a copy of the TDP, including updating boat applicability and individual boat certifications, shall be included in the unit prices under the corresponding Boat CLIN. Any TDP non-recurring engineering shall be proposed under CLIN 0003.

5.3.11-2 Format: Drawings shall be provided in hard copy, DWG/DXF format and PDF format. Boat technical manual and COTS manuals, instructions or cut sheets, certifications, analyses, master data index, and all other data shall be provided in hard copy and PDF format. Calculations shall be submitted in their native electronic format.

5.3.11-3 Data Security: Most of the data in the TDP is considered Controlled Unclassified Information (CUI) and therefore, the Contractor shall exchange data with the Government via a Government provided Integrated Digital Environment (IDE) or Government approved File Exchange Server utilizing appropriate Public Key Infrastructure/Information Assurance protocols.

5.3.11-4 Submittal: A preliminary TDP shall be provided for the DMR (per Section C-3.042) to aid in the DMR discussions. A complete preliminary TDP shall be submitted electronically to the TPOC a minimum of forty-five (45) days prior to Pre-Delivery Inspection and Trials (PDIT). The TDP shall be organized into a folder structure consistent with the format of the Master Data Index (MDI). The Government will provide initial comments and questions on the preliminary TDP. Early submittals are encouraged and will be reviewed as soon as practicable.

One hard copy of the TDP and one electronic copy of the TDP shall be provided at PDIT for additional Government review. Any additional TDP comments will be included in the PDIT Discrepancy List.

The Contractor shall respond to the comments by correction/incorporation and by providing Contractor responses (e.g. resolution plan, notification of boat correction, clarification questions, etc.) within 15 days of the PDITs.

One (1) hard copy and one (1) electronic copy (CD/DVD) of the Final TDP (with all comments incorporated) shall be provided with the delivery of each boat. One (1) electronic copy of the Final TDP (with all comments incorporated) shall be submitted to the Government TPOC concurrent with delivery of the first boat.

5.3.11-5 TDP Acceptance: Government acceptance of the preliminary technical analysis package, preliminary TDP, and final TDP for payment events is predicated upon accuracy (data matching the as-built configuration of the boat) and completeness (all technical data provided with status/rationale provided for any outstanding/missing data).

5.3.12 DATA RIGHTS

5.3.12-1 It is the Government's desire that all non-commercial technical data (TD) included in the TDP (baseline or as modified by any Engineering Change Proposals) be delivered with a minimum of Government Purpose Rights (as defined in DFARS 252.227-7013 and 252.227-7014). If the Offeror proposes to deliver commercial TD, it is the Government’s desire to obtain a license to the commercial TD that would grant the Government the equivalent of Government Purpose Rights as a minimum. The Government’s overall goal is to have the ability to maintain and repair the vessel and its systems, to include providing that information to third parties for the purpose of developing and executing the required work expediently. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 and 252.227-7014 as applicable.

5.3.12-2 The Contractor’s Data Rights assertions will be incorporated in the contract as Attachment 11

- Technical Data Rights Assertion.

5.3.12-3 End Use License Agreement Indemnification:

1. Except when indemnification by the Government is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures, any supply or service acquired under this contract that is subject to any End Use License Agreement (EULA) or similar legal instrument which includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

2. Any such clause is unenforceable against the Government.

3. Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA or similar legal instrument.

4. Any such clause is deemed to be stricken from the EULA or similar legal instrument.

5.3.12-4 If the Contractor ceases doing business and/or cannot fulfill its obligations under this contract, the Government shall automatically be granted Government Purpose Rights to all existing data developed under this contract.

5.3.10 TEST CERTIFICATIONS

Test certification, Builder’s Trials, and documentation for items in the Specification (Attachment 1) Section 092 shall be provided in electronic format (PDF). All pull test plans shall be submitted to the Government TPOC and approved prior to testing as indicated in the Specification (Attachment 1). Unless an earlier submittal is required, testing results for the first boat shall be submitted a minimum of three (3) business days prior to PDIT start date to the Government TPOC. Testing results for each subsequent boat shall be submitted no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.s.mishoe.civ@us.navy.mil).

5.3.11 BUILDER’S TRIALS (BT)

The Contractor shall perform and submit the BT results in electronic format (PDF) a minimum of three (3) business days prior to PDIT start date to the Government TPOC. BT results of each subsequent boat shall be submitted no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.s.mishoe.civ@us.navy.mil). These trials and reports shall be conducted in accordance with the Specification (Attachment 1) Section 094.

5.3.12 PRE-DELIVERY INSPECTION AND TRIAL

5.3.12-1 General: The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on the boat. These trials shall be conducted in accordance with the Specification (Attachment 1 – Marine Mammal Boat Specification), Section 094.

5.3.12-2 Notification of Trials: The Contractor shall provide a minimum of forty-five (45) days’ notice of date of PDIT, and it is recommended the Contractor schedule PDIT no later than three (3) weeks prior to the contracted delivery date to allow sufficient time for required evolutions (i.e. PDIT discrepancies corrections, shipping, and receipt at destination). Scheduling in this manner will ensure contracted delivery dates are met. Notification of PDIT date(s) and agenda/test plan shall be provided to the Government APM.

5.3.12-3 Trials Readiness: If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in the Specification (Attachment 1) Section 094-2, the Builder may be held financially responsible for cost reimbursement of Government and/or Government representative's travel and labor associated with PDITs. The Contractor shall notify the Government of any PDIT delays no later than five (5) days before planned arrival. Written notice of PDIT delay shall be accompanied by a request of extension to the Contracting Officer and Program Office Point of Contact.

If as a result a delayed PDIT or other delays resulting from this action the builder cannot meet the contractual delivery date, consideration for late delivery shall be required. FAR Clause 52.246-2(e)(1) will be exercised at Government’s discretion for potential Contractor liabilities if PDIT cannot be satisfactorily performed after arrival of the Government PDIT team on-site. A typical PDIT takes place over 5 days.

5.3.12-4 Pre-Transport Inspection: The Government reserves the right to schedule and conduct a Pre-Transport Inspection. The Pre-Transport Inspection is intended to reduce the likelihood of major discrepancies at the post-delivery inspection.

5.3.12-5 Acceptance: Satisfactory inspection and verification, including TDP reviews (i.e. drawings, manuals, certifications, etc.), proper operation of the boat, and corrections of PDIT discrepancies are conditions for final acceptance of the boat by the Government. All PDIT and TDP discrepancies must be resolved/corrected by the Contractor prior to delivery. Any unresolved discrepancies may result in acceptance and/or payment delays.

5.3.12-6 Photos Photographs for items listed in the Specification (Attachment 1) shall be submitted to the Government TPOC electronically (jpeg format) as stages or parts are completed.

ADDITIONAL INFORMATION

A. PERIOD OF PERFORMANCE / REQUIRED DELIVERY DATES

B. PLACE OF PERFORMANCE

C. SHIPPING ADDRESS

Naval Support Fleet Logistics Center, Cheatham Annex

(NAVSUPFLC CAX) DODAAC N57857

Williamsburg, VA

Contractor’s Facility

See Attachment 6 – Delivery Schedule

D. INSPECTION AND

ACCEPTANCE

E. TECHNICAL POINT OF CONTACT

F. SPECIAL CONTRACT REQUIREMENTS

CONDITIONS FOR PAYMENT

BOAT CLINS (APPLICABLE TO CLIN 0001)

A. Definitions.

Boat Contract Line Item (CLIN): For the purpose of this commercial interim payment requirement, “Boat CLIN” means only priced CLIN 0001, as defined in Section B.

B. Adequate Security

Naval Sea Warfare Center – Carderock Division:TBD

All items delivered under this contract shall be prepared for shipment with the Contractor's best commercial practice. The Contractor shall be responsible for marking the boats with the Navy hull registration number. The hull number will be provided upon request by NSWC-CCD Code 83, Mrs.

Dorothy Bell, (757) 492-8882, e-mail: dorothy.a.bell6.civ@us.navy.mil. The Contractor shall also be responsible for the condition of all deliverables until receipt inspection and final acceptance at destination by a U.S. Government representative is completed. Hull Registry Number (HRN) cost is included in Attachment 1 Item No. 602-1.

Spares Delivery: Unless otherwise specified, all spares shall be packaged and prepared to be shipped securely with the boat. Spare parts and items not integrated into the boat shall be wrapped in protective packaging or container as boats may be stored outdoors. Packaging shall allow for spare components to not be damaged during shipping. Each package of spares shall be labeled with a Master Packing List (MPL), listing the contents of each package and cross-referenced to the Spare Parts List (Attachment 3).

Boat Delivery: The boat shall be packaged/shrink wrapped to protect the boat during delivery. Boat systems shall be protected from freezing temperatures. Batteries shall be disconnected with terminals taped. The bilge plug shall be removed and secured to the steering wheel. Packaging/shrink wrap materials shall be installed in a manner that enables removal and reinstallation to the maximum extent practicable to enable inspection at the delivery location without damage to the packaging materials. (Note: packaging should be priced with the shipping ELIN as this will only be required if the shipping is ordered).

INSPECTION AND ACCEPTANCE

Receipt inspection and final acceptance to be performed as described below. The contractor’s “Delivery Ticket” or “Bill of Lading” is to be used as confirmation of delivery and condition of delivery.

Acceptance of delivery is performed by PMS300 or an appointed agent. Receipt inspection primarily consists of the Government noting apparent shipping damage and/or apparent shortages.

Upon receipt, an acceptance inspection is performed and the contractor is notified of any discrepancies in a Post-Delivery Inspection Report (PDIR) typically within 30 work days (i.e., exclusive of weekends and Federal holidays) of receipt. Contractor is to document correction or plan of action for resolution of discrepancies in response to the PDIR. Final acceptance is dependent upon delivery in accordance with Section F, acceptance inspection, Post-Delivery discrepancy resolution notification (i.e., correction or acceptable plan of action).

In accordance with FAR 52.232-29, the contractor must provide adequate security to receive contract financing. If the contractor’s financial condition is accepted as adequate security for inclusion of financing terms in the contract, the contractor shall provide annual financial statements to the Government and immediately notify the Government if there is a change in the company’s financial condition. If the contractor’s financial condition is no longer acceptable as adequate security, the contractor shall, at no additional cost to the Government, provide additional adequate security, or the Government may no longer provide contract financing. FAR 32.202-4 paragraphs (b), (c), and (d) list forms of security that may be acceptable, to include but not limited to: a paramount lien, other assets, or other forms of security such as a letter of credit, bond, guarantee of repayment, or title to assets.

C. The Government will offer financing based on terms of Contracting Officer-specified commercial contract financing. Contract financing shall not be a factor in the evaluation of resulting proposals, and proposals of alternative financing terms shall not be accepted. However, an offer stating that the Contracting Officer- specified contract financing terms will not be used by the Offeror does not alter the evaluation of the offer, nor does it render the offer nonresponsive or otherwise unacceptable. In the event of award to an Offeror who declined the proposed contract financing, the contract financing provisions shall not be included in the resulting contract. Contract financing shall not be a basis for adjusting Offerors’ proposed prices, because the effect of contract financing is reflected in each Offeror’s proposed prices.

The Schedule of Payments and Payable Events listed below are notional and may be adjusted based on the Contractor’s build strategy after contract award. The Government will divide the total price of each applicable Boat CLIN in Section B of the contract into the tasks listed in the table below to calculate the interim finance payments for each Boat CLIN shall be made upon completion and acceptance of each task described below:

Event Description Event

% Value % of Task Completed

1 Post Award Conference 2% 2%

2 Start of Engineering Services 5% 7%

3 Ordering of Major Components* 10% 17%

4 Completion of successful DMR 2% 19%

5 Proof of Receipt of Motors* 5% 24%

6 Proof of Receipt of Trailer* 5% 27%

7 Proof of Receipt of other Major Components* 10% 37%

8 Delivery of Preliminary TDP 3% 40%

9 Hull Completely Welded 5% 45%

10 Hull Completely outfitted and ready for Sea Trials 15% 60%

11 Completion and Acceptance of PDIT 14% 74%

12 Acceptance of Boat* 25% 99%

13 Retention* 1% 100%

*Payment on a per boat basis

EVENT #1 – Post Award Conference Upon the Government’s approval of the minutes of the meeting, the Contractor may invoice the Government for 2% of the total Boat CLIN value. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #2** - Start of Engineering Services Upon delivery by the Contractor of the progress report validating the start of engineering services of the ordered boats to the WAWF primary POC, the Contractor may invoice the Government on for 8% of the Boat CLIN value. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #3** - Ordering of Major Components* The contractor shall provide Objective Quality Evidence (OQE) (i.e. photographic evidence) to the Navy demonstrating completion of Production Progress Event 3. For referenced materials, the contractor will need to provide proof that the material was ordered. Upon successful completion and acceptance of Progress Event 3 by Government program office (PMS 300G), the Government will provide a single interim payment of 10% of the total Boat CLIN value. Upon delivery by the Contractor of the progress report validating the start of production of the ordered boats and submission and confirmation documentation of Purchase Orders for major components (engines, windows, nav package, radio, and trailers) and raw material suppliers (aluminum) to the WAWF primary POC, the Contractor may invoice the Government on a per boat basis for 10% of the Boat CLIN value. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

**Note pertaining to EVENT #3 the confirmation documentation submitted for the purchase orders from system suppliers shall show related delivery schedule as well as terms of conditions.

EVENT #4 – Completion of successful DMR Upon the Government’s approval of the minutes of the Design Maturity Review, the Contractor may invoice the Government for 2% of the total Delivery Order Boat CLIN value. Where Design Maturity Review is not required by the delivery order, the Government will combine this interim payment with EVENT 4. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #5 - Proof of Receipt of Motors* The contractor shall provide Objective Quality Evidence (OQE) (i.e. photographic evidence) to the Navy demonstrating completion of Production Progress Event 5. For referenced materials, the contractor will need to provide proof that the material was received. Upon successful completion and acceptance of Progress Event 7 by Government program office (PMS 300G), the Government will provide a single interim payment of 5% of the total Boat CLIN value. Upon delivery of photo evidence of receipt of engines received to the WAWF primary POC, the Contractor may invoice the Government for 5% of the Boat CLIN value, but it is further calculated on a per boat basis for payment purposes. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #6 - Proof of Receipt of Trailer* The contractor shall provide Objective Quality Evidence (OQE) (i.e. photographic evidence) to the Navy demonstrating completion of Production Progress Event 6. For referenced materials, the contractor will need to provide proof that the material was received. Upon successful completion and acceptance of Progress Event 6 by Government program office (PMS 300G), the Government will provide a single interim payment of 3% of the total Boat CLIN value. Upon delivery of photo evidence of receipt of trailers to the WAWF primary POC, the Contractor may invoice the Government for 3% of the Boat CLIN value, but it is further calculated on a per boat basis for payment purposes. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #7 - Proof of Receipt of Major Components* The contractor shall provide Objective Quality Evidence (OQE) (i.e. photographic evidence) to the Navy demonstrating completion of Production Progress Event 7. For referenced materials, the contractor will need to provide proof that the material was received. Upon successful completion and acceptance of Progress Event 7 by Government program office (PMS 300G), the Government will provide a single interim payment of 10% of the total Boat CLIN value. Upon delivery of photo evidence of receipt of major component (windows, nav package, radio, HPU, etc.) and raw material received (aluminum) to the WAWF primary POC, the Contractor may invoice the Government for 10% of the Boat CLIN value, but it is further calculated on a per boat basis for payment purposes. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #8*** - Delivery of Preliminary TDP Upon delivery by the Contractor of the preliminary Technical Data Package (TDP) (i.e., the TDP submission required 45 days prior to the official scheduled dates of Pre-Delivery Inspection and Boat Trials) and review and acceptance by the Government, the Government will provide a single interim payment, 3% of the total Boat CLIN value. Where Preliminary TDP is not required by the delivery order, the Government will combine this interim payment with EVENT 8. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

***Note pertaining to completeness of the TDP’s Bill of Materials (BOM): The BOM as defined by Attachment 1

EVENT #9- Hull Completely Welded* The contractor shall provide Objective Quality Evidence (OQE) (i.e. photographic evidence) to the Navy demonstrating completion of Production Progress Event 9. Upon successful completion and acceptance of Progress Event 9 by Government program office (PMS 300G), the Government will provide a single interim payment of 5% of the total Boat CLIN value. Upon delivery and acceptance of photo evidence to the WAWF primary POC of hull completion, the Contractor may invoice the Government for 5% of the Boat CLIN value, but it is further calculated on a per boat basis for payment purposes. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #10- Hull Completely outfitted and ready for Sea trials* The contractor shall provide Objective Quality Evidence (OQE) (i.e. photographic evidence) to the Navy demonstrating completion of Production Progress Event 10. Upon successful completion and acceptance of Progress Event 10 by Government program office (PMS 300G), the Government will provide a single interim payment of 5% of the total Boat CLIN value. Upon acceptance of photo evidence to the WAWF primary POC of hull completion and outfitted, the Contractor may invoice the Government for 5% of the Boat CLIN value, but it is further calculated on a per boat basis for payment purposes. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #11 - Completion and Acceptance of PDIT Upon successful completion and acceptance of PDIT by Government program office (PMS 300), the Government will provide a single interim payment, 14% of the total Boat CLIN value. Where PDIT is not required, the Government will combine this interim payment with EVENT 11. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #12 - Acceptance of Boat* Upon acceptance of each boat and all deliverables by the Government POC, the Government will provide an interim payment on a per boat basis until all of the boats in are accepted. All discrepancies must be resolved before invoicing. This event is 25% of the total Boat CLIN value, but it is further calculated on a per boat basis for payment purposes. Determinations of the payment event to be paid to the Contractor and the methodology for determining completion and acceptance of progress events are the unilateral decisions made solely at the discretion of the Government program office (PMS 300G) and the contracting officer.

EVENT #13 – Retention* The payment schedule includes a 1% withholding to be used as a performance reserve. This reserve will remain in the possession of the Government until the expiration of the warranty period provided however there is no uncompleted work remaining. The amount of this reserve released at the expiration of the warranty period is dependent on the value, determined by the Government, of any remaining unfinished work for which the Contractor is responsible. If at any time it appears to the Government that the amount of the performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the Contract for which the Contractor is responsible, or for correcting defects for which the Contractor is responsible whether discovered before or during the warranty period, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may deem necessary to render this reserve adequate.

D.

1. All conditions of Interim Payment Events must be met before submission of invoice for payment. Failure to satisfy any condition will result in rejection of invoice. Submission of invoices for partial payments will not be accepted unless noted.

2. Any modifications to the contract totaling under $100,000 per modification shall not be subject to a recalculation of the interim payments. The increase or decrease in price shall be reflected in Payment Event #8 in its entirety and should be invoiced at such time as indicated in Payment Event #8.

3. Any and all payments made hereunder shall be secured when made, by a paramount lien in favor of the Government upon boat, articles, and items contracted for on account of all payments so made and on all material, equipment and other property acquired for or allocated to the performance of this contract or delivery order, except to the extent that the Government, by virtue of any other requirements of this contract or delivery order, or otherwise shall have valid title to such articles, things materials, or other property as against other creditors of the Contractor.

If such property is not identified by marking or segregation, the Government shall be deemed to have a lien upon a proportionate part of any mass of property with which such property is commingled. Any lien provided for by virtue of this paragraph is paramount to all other liens under the provisions of 10 U.S.C. § 2307.

SECTION J

ATTACHMENTS

Attachment 1: Marine Mammal Boat Specification Rev Attachment 2: Specification Response Matrix Attachment 3: Marine Mammal Boat Spare Parts List Attachment 4: Unique Item Identification Attachment 5: Warranty Terms Attachment 6: Delivery Schedule Attachment 7: Technical Data Rights Assertion Proposal attachments (will not be included in the contract, see Section L) Attachment 8: CLIN Pricing Chart - (To be used to populate Section B upon contract award)

GENERAL TEXT

USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

1. NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paperbased or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

2. The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

The support contractor not disclose any information;

Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and, In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

3. Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

4. NAVSEA may, without further notice, enter into contracts with other contractors for these services.

Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

(End of text)

PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.

UPDATING SPECIFICATIONS AND STANDARDS

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

(End of Text)

Section D - Packaging and Marking

PACKAGING OF SUPPLIES—BASIC

Items 0001, 1001 - The supplies furnished hereunder shall be packaged in accordance with ASTM-D-3951-18, Standard Practice for Commercial Packing.

MARKING AND PACKING LIST(S) – BASIC

a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with ASTMD- 3951-18 approved 1 May 2018, Standard Practice for Commercial Packing.

b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items. Where assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.

d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number.

PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

(End of text)

MARKING OF REPORTS

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

(1) Name and business address of the Contractor

(2) Contract number

(3) Sponsor: TBD (Name of Individual Sponsor)

TBD

(Name of Requiring Activity)

TBD

(City and State)

Section E - Inspection and Acceptance

Receipt inspection and final acceptance to be performed as described below. The contractor’s “Delivery Ticket” or “Bill of Lading” is to be used as confirmation of delivery and condition of delivery. Acceptance of delivery is performed by PMS300 or an appointed agent. Receipt inspection primarily consists of the Government noting apparent shipping damage and/or apparent shortages.

Upon receipt, an acceptance inspection is performed and the contractor is notified of any discrepancies in a Post- Delivery Inspection Report (PDIR) typically within 30 work days (i.e., exclusive of weekends and Federal holidays) of receipt. Contractor is to document correction or plan of action for resolution of discrepancies in response to the PDIR. Final acceptance is dependent upon delivery in accordance with Section F, acceptance inspection, Post- Delivery discrepancy resolution notification (i.e., correction or acceptable plan of action).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

All items…