FSV 6 Solicitation Final.pdf

SOLICITATION, OFFER AND AWARD

1. This Contract is a Rated Order Under

DPAS (15 CFR 700)

Rating Page of pages

1 86

2. Contract No. 3. Solicitation No. 4. Solicitation Type 5. Date Issued 6. Requisition/Purchase No.

AB133M-09-RP-0112

Sealed Bid (IFB) June 29, 2009 NAAN8400-9-06171

X Negotiated (RFP)

7. Issued By Code AJ630031 8. Address Offer To (If other than item 7) Code WESTERN REGIONAL ACQUISITION DIVISION Same as Block 7

7600 SAND POINT WAY NE/WC3

SEATTLE, WA 98115-6349

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and six (6) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Block 8, or if handcarried, in the depository located in Block 7 until 02:00 PM (hour) local time August 3, 2009 (date).

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information Call:

A. Name B. Telephone No. (NO COLLECT CALLS) C. E-Mail Address

PAUL REED 206-526-6034 PAUL.J.REED@NOAA.GOV

11. TABLE OF CONTENTS

(x) Sec Description Page(s) (x) Sec Description Page(s) Part I – The Schedule Part II – Contract Clauses X A Solicitation/Contract Form X I Contract Clauses X B Supplies or Services and Prices/Costs Part III – List of Documents, Exhibits and Other Attachments X C Description/Specs./Work Statement X J List of Attachments X D Packaging and Marking Part IV – Representations and Instructions X E Inspection and Acceptance X K Representations, Certifications and Other Statements of Offerors X F Deliveries or Performance X G Contract Administration Data X L Instr., Conds., and Notices to Offerors X H Special Contract Requirements X M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount for Prompt Payment (See Section I, Clause No. 52.232-8)

10 Calendar Days 20 Calendar Days 30 Calendar Days _____ Calendar Days

14. Acknowledgment of Amendments The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

Amendment No. Date Amendment No. Date

15A. Name Code Facility 16. Name and Title of Person Authorized to Sign Offer (Type or print) and

Address of Offeror 15B. Telephone No. (Include area code) 15C. Check if Remittance Address is different from above. Enter such address in Schedule.

17. Signature 18. Offer Date

AWARD (To be completed by Government)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Authority for Using Other Than Full and Open Competition: 23. Submit Invoices to Address Shown in Item

10 U.S.C. 2304 (c)( ) 41 U.S.C. 253 (c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code Payment Will be Made By Code

26. Name of Contracting Officer (Type or print) 27. United States of America (Signature of Contracting Officer) 28. Award Date

IMPORTANT – Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA – FAR (48 CFR) 52.214 (c)

Supplies or Services and Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

Page - 2

The Contractor shall furnish all necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to perform the detailed design, construction and all other requirements specified in this contract and all its attachments. Offerors must submit an offer for each line item listed in the schedule below in order to be considered for award.

0001 DETAILED DESIGN AND CONSTRUCTION

(See Note 1)

1 EA ______________ ______________

0002 PROVISIONED ADDITIONAL REPAIR

PARTS, SPARES, SPECIAL TOOLS,

SUPPORT/TEST EQUIPMENT

(See Note 2)

1 QU $1,500,000

Material Handling (0002)

0003 PROVISIONED OUTFITTING MATERIAL

(See Note 3)

1 QU $1,500,000

Material Handling (0003)

0004 ACOUSTIC INCENTIVE

(See Section H.20, Acoustic Signature Reduction Incentive )

1 QU $650,000 $650,000

0005 SCIENTIFIC MULTI-BEAM SYSTEM

(OPTIONAL)

(See Note 4)

1 EA _______________ ______________

0006 OMNI-DIRECTIONAL SONAR SYSTEM

(OPTIONAL)

(See Note 5)

0007 MAN-RATED MIRANDA TYPE DAVIT AND

BOAT (OPTIONAL)

(See Note 6)

GRAND TOTAL ALL ITEMS ________________

SECTION B

AB133M-09-RP-0112

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B.1 CONTRACT LINE ITEM NUMBER (CLIN) NOTES

NOTE 1: CONTRACT LINE ITEM NUMBER (CLIN) 0001 - DETAILED DESIGN AND CONSTRUCTION

The Contractor shall provide all engineering, design, technical and support efforts necessary for development of a complete and accurate technical description of the FSV 6 ship. This effort shall produce a design with descriptive documentation, which meets the requirements of the Technical Package (TP), and which is adequate for use in ship construction, and for operation, maintenance and repair. The Contractor shall be responsible for the accuracy and adequacy of that design. Preliminary Design Reviews, Critical Design Reviews and other meetings shall be conducted by the Contractor for the Government in accordance with the TP. The Contractor shall prepare and deliver data for CLIN 0001 DETAILED DESIGN AND CONSTRUCTION in accordance with the appropriate deliverables in the Data Requirements List (DRL).

The Contractor shall construct one FSV 6 in accordance with the design developed under this CLIN. The Contractor shall satisfy any and all requirements of the Technical Package (TP) for this design. In accordance with the terms stated herein, the Contractor shall furnish all labor, material and equipment required for the performance of this contract. The Contractor shall conduct testing and trials as required by the TP and the contract. The FSV 6 shall be capable of fully performing its mission as defined in the TP.

The Contractor shall provide the Government a history of usage, material condition and maintenance of equipment that the Contractor has provided and installed on the vessel. This history shall document all usage, maintenance performed on the equipment, both corrective and preventative, indicating problems and solutions or corrections made from installation to preliminary acceptance. This history shall also include date of usage, maintenance, running hours, date and type of reconditioning or overhaul, date of receivership, name plate and configuration data, and whether such usage or age has so deteriorated the equipment as to impair its usefulness or safety. It shall be at the discretion of the Contracting Officer to reject any equipment that is deemed unreasonably deteriorated as to impair its usefulness or safety. At preliminary acceptance the hull coating shall present a new, homogenous appearance with no surfaces showing discoloration due to age or modification.

The Contractor shall perform all supply support functions in accordance with the TP. The Contractor shall provide Onboard Repair Parts (OBRPs), onboard spares and shore-based spares as required by the TP. The Contractor shall provide all necessary storage, and accomplish binning and loading of all specified material.

All outfitting material shall be received, inspected, marked, sorted, segregated, stored, pre-binned as necessary, and loaded on-board the ship in the designated locations prior to delivery. The Contractor shall provide a consolidated list of all outfitting material to include relevant receipt, inspection, condition, and designated location notes in accordance with the appropriate deliverable in the DRL.

The Contractor shall provide all spares, supplies, tooling, handling equipment, and other loose items aboard ship in accordance with the requirements in the TP.

The Contractor shall provide a consolidated list of all such material to include relevant receipt, inspection, condition, and designated location notes in accordance with the appropriate deliverable in the DRL.

The Contractor shall provide crew familiarization, and equipment operation and maintenance seminars in accordance with the TP.

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The Contractor shall prepare and deliver data for CLIN 0001 DETAILED DESIGN AND CONSTRUCTION in accordance with the appropriate deliverables required by the Data Requirements List (DRL).

Post Delivery Availability (PDA): Immediately following preliminary delivery, the ship will commence a thirty (30) calendar day Post Delivery Availability (PDA) at the Contractor's facility. During the PDA, the Contractor shall provide:

(a) berthing space pier-side for the ship, including the brow and landing platforms, as appropriate, with utilities from shore connections (electricity, fresh water, sewage disposal, internet and telephone connections), daily garbage removal, and material handling services; (b) messing facilities for the ship's force personnel;(c) at least five (5) convenient parking spaces, near the ship, for the ship's force personnel; (d) fire protection; and (e) access through the yard to the ship for authorized Government personnel, ship's force and their authorized visitors.

As part of CLIN 0001, the Contractor shall identify and procure items with long lead delivery times needed for timely ship construction.

NOTE 2: CLIN 0002 – PROVISIONED ADDITIONAL REPAIR PARTS, SPARES, SPECIAL TOOLS,

AND SUPPORT AND TEST EQUIPMENT

The Contractor shall provide additional repair parts, spares, special tools, and support and test equipment as required by the Government. A representative spare parts list is provided as Attachment J-8 to this solicitation. Attachment J-8 is not intended to be all inclusive and is provided as information only.

Appropriate deliverables from SOR Section 083 shall be provided to support the Government’s decisions with CLIN 0002 orders.

Orders for this effort shall be executed via bilateral contract modification.

No action shall be taken by the contractor without prior approval of the Contracting Officer or formally delegated representative.

The stated material handling percentage proposed shall be applied to the proposed materials costs. The material handling percentage stated in the price schedule under CLIN 0002 includes any applicable handling charges, storage, overhead, or other costs, plus profit associated with the $1,500,000 Government estimate. The $1,500,000 is the Government's best estimate for the cumulative amount of items to be ordered under this CLIN. The cost of items actually ordered may vary below or above the $1,500,000 estimate. The Material Handling fee proposed in the price schedule shall apply to all items ordered under this

CLIN.

For price evaluation purposes, the material handling percentage will be applied to the estimated amount for this CLIN and included in the cumulative total for evaluation. This CLIN is an optional item and may be exercised in whole or in part at any time prior to final acceptance of the vessel.

The price associated with the following are to be included in CLIN 0001 DETAILED DESIGN AND CONSTRUCTION, and not to be included in CLIN 0002 ADDITIONAL REPAIR

PARTS, SPARES, SPECIAL TOOLS, AND SUPPORT AND TEST EQUIPMENT:

(i) Repair parts, special tools, and support and test equipment specifically required by SOR Sections other than Section 083b;

(ii) All operating space items, spares and repair parts identified in Appendix 4/A of the ABS Rules for Building and Classing Steel Vessels.

(iii) Adequate warehouse facilities to store and handle all Contractor Furnished (CF) material and equipment as it is received. OBRPs, spares, special tools, and support and test equipment shall be received, inspected, preserved, Page - 5 packaged and packed as necessary, and stored in accordance with the requirements of the TP.

NOTE 3: CLIN 0003 – OUTFITTING MATERIAL

The Contractor shall provide outfitting material as ordered by the Government. A representative initial outfitting list is provided as Attachment J-5 to this solicitation. Attachment J-5 is not intended to be all inclusive and is provided as information only. Orders for this effort shall be executed via bilateral contract modification. No action shall be taken by the contractor without prior approval of the Contracting Officer or formally delegated representative.

The stated material handling percentage proposed shall be applied to the proposed materials costs. The material handling percentage stated in the price schedule under CLIN 0003 includes any applicable handling charges, storage, overhead, or other costs, plus profit associated with the $1,500,000 Government estimate. The $1,500,000 is the Government's best estimate for the cumulative amount of items to be ordered under this CLIN. The cost of items actually ordered may vary below or above the $1,500,000 estimate. The Material Handling fee proposed in the price schedule shall apply to all items ordered under this

CLIN.

For price evaluation purposes, the material handling percentage will be applied to the estimated amount for this CLIN and included in the cumulative total for evaluation. This CLIN is an optional item and may be exercised in whole or in part at any time prior to final acceptance of the vessel.

NOTE 4: CLIN 0005 (OPTIONAL) – SCIENTIFIC MULTIBEAM SONAR SYSTEM

The Contractor shall procure, install and test a scientific multi-beam sonar system (side looking) in accordance with the TP. Documentation for this sonar system shall include appropriate deliverables from the DRL. The Government reserves the unilateral right to exercise this option at the fixed price stated in the price schedule at any time prior to September 20, 2010.

NOTE 5: CLIN 0006 (OPTIONAL) – OMNI-DIRECTIONAL SONAR SYSTEM

The Contractor shall procure, install and test an omni-directional sonar system in accordance with the TP. Documentation for this sonar system shall include appropriate deliverables from the DRL. The Government reserves the unilateral right to exercise this option at the fixed price stated in the price schedule at any time prior to September 20, 2010.

NOTE 6: CLIN 0007 (OPTIONAL) – MAN-RATED MIRANDA TYPE DAVIT

The Contractor shall procure, install and test a man-rated, Miranda Type Davit and boat in accordance with the TP. Documentation for this system shall include appropriate deliverables from the DRL. The Government reserves the unilateral right to exercise this option at the fixed price stated in the price schedule at any time prior to September 20, 2010.

B.2 1352.216-70 CONTRACT TYPE (MAR 2000)

This is a fixed price type contract for ship construction. It consists of a performance period commencing on the date of contract award and completing 36 months later.

(End of clause)

B.3 BID, PERFORMANCE AND PAYMENT BONDS

A bid bond must be submitted with the offer (See Section I.85, Bid Guarantee).

The successful Offeror must furnish the required Performance and Payment Bonds

Page - 6 within fifteen (15) business days after the date of contract award (See Section I.88, Performance and Payment Bonds – Other than Construction).

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (MAR 2000)

The Contractor shall perform the Detail Design and Construction of the NOAA FSV-40 Class ship at the Contractor's facility in accordance with:

(a) The provisions of this contract;

(b) The FSV-40 Technical Package, included in Section J.1, hereinafter called the TP, which consists of a Statement of Requirements (SOR), Project Peculiar Documents (PPD), guidance documents, and all revisions and amendments thereto dated prior to the award date of this contract; and

(c) Other documents, exhibits, and attachments listed in SECTION J of this contract. In sub-tier references, the term "specifications" shall be replaced with the term "TP".

The Contractor shall perform the technical, procurement and other tasks necessary for the detail design and construction of the FSV-40 Class ship. The Contractor shall provide the management effort necessary to ensure the on schedule completion of the detail design and construction including the preparation of all progress, cost, and work status reports required by the Data Requirements List (DRL), Attachment J-2. The Contractor shall identify and maintain visibility of all problems and potential problems arising during contract performance which could impact the on schedule completion of the FSV-40 Class ship. The Contractor shall ensure the quality of all materials purchased and services performed under this contract to satisfy all requirements of the contract and the TP.

(End of clause)

C.2 MEETINGS, REVIEWS AND CONFERENCES

The Contractor shall conduct a post-award conference within thirty (30) days after the effective date of this contract. The conference will be held at the Contractor's facility. The purpose of the conference is to (1) review the contract and technical documents, (2) ensure the Contractor's understanding of the technical and schedule requirements, and (3) discuss the roles and working relationships among the Contractor, the Single System Vendors (SSVs), the Acoustic control Engineering Firm and the Government. Representatives from each SSV and from the Acoustic control Engineering Firm shall attend.

Thereafter, the Contractor shall hold formal, quarterly progress meetings at the Contractor's facility. The purpose of these meetings is for the Contractor and the Government to discuss engineering, design and production progress, anticipated problems, and any other relevant matters. Representatives from each SSV and from the Acoustic control Engineering Firm shall attend if necessary.

The Contractor shall provide agendas and minutes for these meetings.

In addition, weekly production meetings shall be held between NOAA and cognizant Contractor representatives (i.e. Project Manager, Program Manager, Shipyard superintendent, etc.) to discuss on-going production and any other issues pertinent to this contract. A mutually agreeable date and time will be determined at the post-award conference.

C.3 ELECTRONIC INFORMATION MANAGEMENT SYSTEM

The Government will operate and maintain a secure, Web-based information management system which will be used for the review of deliverables provided by the Contractor. The Contractor shall utilize a reliable dedicated high speed Internet connection, T-1 or better and upload all deliverables required under this contract to the electronic information management system.

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C.4 EQUIVALENT EQUIPMENT

In the event that the Contractor wishes to substitute equipment which it considers equivalent to an item referenced in the TP by manufacturer's make and model number "or equal," the Contractor shall submit a substitution request in writing to the Government for approval. The substitution request shall include sufficient detail to demonstrate that the proposed equivalent item meets all salient characteristics of the specified brand name or equal item as identified in ATTACHMENT J-3. Such requests shall be made at least sixty (60) days in advance of the Contractor's anticipated order of the equipment to allow the Government time to determine equivalency. Any equivalency request not approved within 30 days shall be considered disapproved by the Government. The requirements of the Section I clause entitled “BRAND NAME OR EQUAL” (FAR 52.211-

6) apply to all requests for equipment substitution under this contract.

C.5 GROUNDING, DAMAGE OR COLLISION

In the event of grounding, damage or collision involving an item under this contract, the Contractor shall immediately notify the COTR/CONREP. If requested by the CONREP, the Contractor shall examine the ship in the manner required by the CONREP at no expense to the Government. A written Grounding/Damage/Collision report shall be made of the incident by the Contractor. As a minimum, the report shall include reasons for the occurrence, damage sustained, and effects on the ship's delivery schedule.

C.6 CONFIGURATION MANAGEMENT

(a) General Requirements:

(1) The Contractor shall provide engineering and technical services for configuration control to manage changes to the baseline FSV-40 Technical Package (TP). The baseline FSV-40 Technical Package (TP) consists of a Statement of Requirements (SOR), Project Peculiar Documents (PPD), guidance documents, and all revisions and amendments thereto dated prior to the award of this contract, and other documents, exhibits, and attachments listed in SECTION J of this contract. The Contractor shall not make any changes to the documents referenced herein until the Contracting Officer, or his designated representative, has approved the change.

(2) The Contractor shall maintain a Configuration Control Program to assure that all detail level work being performed under this contract is in compliance with appropriate TP documentation. The Contractor shall prepare a Configuration Management Plan, documenting the plan and approach to configuration management for approval by the Government.

(3) Whenever a situation arises wherein the Contractor cannot comply with a TP document, or whenever intent of such documentation is significantly changed by detail level documentation, the Contractor shall submit change documents to modify the TP documents to resolve the conflict or submit the required documentation to request non-compliance (see paragraphs below). Change documentation shall be submitted to the CONREP in accordance with the Data Requirements List (DRL), and as described in paragraphs (c) through (f) below.

(b) Engineering Changes Proposals (ECPs): The Contractor shall prepare ECPs whenever detail level physical configuration, material quality, or operational or functional performance will not be in compliance with the baseline. ECPs shall contain a detailed description of the scope of work, plans and sketches showing the "before and after" configurations, list of materials added or deleted, price proposed for the ECP (to include as much detail as required by the contracting officer), Integrated Logistics Support (ILS) impact, estimate of the effect on weight and moment, and/or estimate of effects on equipment delivery schedule. Once an ECP is negotiated and is incorporated into the

Page - 9 contract via bilateral modification, the ECP is considered to be settled in its totality including, but not limited to, price, ILS impact, estimate of weight and moment impact, and/or estimate of effects on equipment delivery schedule.

(c) Request for Deviations (RFD) and Request for Waivers (RFWs): Deviations are written authorizations to depart from a particular performance or design requirement for a specific number of units or period of time. The Contractor shall prepare a Request for Deviation (RFD) for each occurrence and submit it to the Government for approval. Waivers are written authorizations accepting a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from the specified requirements, but nevertheless, is considered suitable for use "as is" and is similarly processed. The Contractor shall prepare a Request for Waiver (RFW) for each occurrence and submit it to the Government for approval. Any relaxation or cessation of a vested contractual right of the Government shall be offset with reasonable and equitable consideration. Only the Contracting Officer can approve/grant a deviation or waiver from contract requirements.

(d). Requests for engineering changes, deviations and waivers shall be in the Contractor's format. All such requests shall be numbered sequentially with the following prefixes:

"ECP" for Engineering Change Proposals

"RFD" for Request for Deviation

"RFW" for Request for Waiver

C.7 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT

(a) Contract Specifications. The Government will furnish all contract specifications.

(b) Contract Drawings and Data. The Government will furnish contract drawings, design agent drawings, ship construction drawings, and/or other design or alteration data cited or referenced in Section C or in the contract specification as mandatory for use or for contract performance.

(c) Government Furnished Information (GFI). GFI is defined as that information essential for the installation, test, operation, and interface support of all Government Furnished Material to be provided under the terms of the contract.

The GFI furnished to the Contractor need not be in any particular format.

Further, the Government reserves the right to revise the listing of GFI as follows:

(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, as applicable;

or

(ii) add items of data or information, as applicable; or

(iii) establish or revise due dates for items of data or information, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, an equitable adjustment may be made in the contract price and delivery schedule in accordance with the procedures provided for in the Section I clause of this contract entitled "CHANGES--FIXED-PRICE"

(FAR 52.243-1).

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(d) Except for the Government information and data specified by paragraphs (a), (b), and (c) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the Section I clause of this contract entitled "GOVERNMENT PROPERTY" (FAR 52.245-1), or any other term or condition of this contract.

Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, shall be obtained from the publishers.

C.8 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with any movement over the public highways of overweight/over dimensional materials.

C.9 PLANS AND OTHER DATA

Whenever the Government shall require, the Contractor shall, at the cost of reproduction, furnish to whomsoever may be designated by the Government (including other shipbuilding Contractors), copies of working plans (including reproducible), selected record plans, indices, material schedules, plan schedules, purchase specifications and other data relating to the construction of the vessel. The furnishing of such data shall not constitute any guaranty or warranty, either express or implied, by the Contractor other than that the data are correct copies of such data.

C.10 REGULATORY BODIES, STANDARDS, CERTIFICATIONS, AND DATA REQUIREMENTS

(a) The ship as delivered shall comply with all the applicable laws of the United States and the requirements of the various regulatory bodies and rules in effect at the time of the proposal due date, and as identified in the TP or other terms of the contract. All necessary certifications or documents that cover the approval and indicate compliance shall be obtained by the Contractor.

Data necessary for the Contractor to obtain the required United States Coast Guard (USCG), American Bureau of Shipping (ABS), Safety of Life at Sea (SOLAS), Federal Communications Commission (FCC), and United States Public Health Service (USPHS) certifications shall be provided by the Contractor to the appropriate regulatory bodies. Additionally, the Contractor shall accomplish all work necessary to comply with those applicable laws of the United States, the requirements of the various regulatory bodies and imposed rules which are in place or have a planned implementation date prior to vessel delivery, as of the date of proposal submission in response to this solicitation and resulting contract.

(b) The TP requires that the ship be designed, constructed and certificated in accordance with the USCG requirements, set forth in 46 CFR Subchapter U (2009).

The Government will provide USCG support for the FSV certification process normally associated with non-public, commercial vessels. The Government will notify the Contractor of a specific point of contact at USCG within 30 days after contract award. The Contractor shall be responsible for providing the office space, parking, technical information and other interface support for USCG personnel to the degree required for a comparable, commercial vessel certification program.

(c) Copies of all correspondence between the Contractor and regulatory bodies shall be provided to the CONREP.

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(d) Before delivery of the ship, the original certificates/documents demonstrating approval by regulatory bodies or indicating compliance with the TP shall be mounted onboard the ship as required either by the issuing regulatory body or as directed by the CONREP. Interim documents will be acceptable pending receipt of signed originals.

(e) The Contractor in all other cases shall provide data to the Government as required by the Data Requirements List included as an attachment in Section J.

C.11 TESTS AND TRIALS

During the conduct of required tests and trials, the vessel shall be under the control of the Contractor and the Contractor's crew with representatives of the Contractor and the Government on board to determine whether or not the work done by the Contractor has been satisfactorily performed. The Contractor shall (1) provide all necessary licensed crew and required staffing; (2) install all fittings and appliances which may be necessary for dock and sea trials to enable the representatives of the Government to determine whether the requirements of the contract have been met, and (3) install and remove instruments and apparatus furnished by the Government for such trials, as required by the TP.

C.12 1352.239-73 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES

(DEC 2006)

(a) Applicability.

This clause is applicable to all contracts that require Contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems that process or store information, that directly support the mission of the Agency.

(b) Definitions.

For purposes of this clause the term "Sensitive" is defined by the guidance set forth in:

(1) Sensitive information "... any information, the loss, misuse, or unauthorized access, to or modification of which could adversely affect the national interest or the, conduct of federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy."

(2) For purposes of this clause, the term "National Security" is defined by the guidance set forth in:

(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3 (http://www.osec.doc.gov/cio/ITSIT/DOC-IT-Security- Program-Policy.htm).

(ii) The DOC Security Manual, Chapter 18 (http://home.commerce.gov/osy/SecurityManual/Security%20Manual%20Contents2.pdf)

(iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data).

Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) The Contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT

Page - 12 resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the Contractor.

(d) All Contractor personnel performing under this contract and Contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (http://www.osec.doc.gov/cio/cio_it_policy_page.htm), or equivalent/more specific agency or bureau guidance as specified immediately hereafter: N/A

(e) Contractor personnel requiring a user account for access to systems operated by the Contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts.

(f) Within 5 days after contract award, the Contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the Contractor of any other available DOC training resources. Annually thereafter the Contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy.

(g) Within 5 days of contract award, the Contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures.

(h) The Contractor shall afford DOC, including the Office of Inspector General, access to the Contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

(i) For all Contractor-owned systems for which performance of the contract requires interconnection with a DOC network or that DOC data be stored or processed on them, the Contractor shall provide, implement, and maintain a System Accreditation Package in accordance with chapter 6 of the DOC IT Security Program Policy. Specifically, the Contractor shall:

(1) Within 14 days after contract award, the contractor shall submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy, Section

6.5.2 and N/A The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/Bureau IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.

(2) Upon approval, the Contractor shall follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official.

(3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, the Contractor shall maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, section 6.3.1.2.

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(j) The Contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

(End of clause)

C.13 1352.239-74 SECURITY PROCESSING REQUIREMENTS FOR

CONTRACTORS/SUBCONTRACTOR PERSONNEL FOR ACCESSING DOC INFORMATION TECHNOLOGY

SYSTEMS (OCT 2003)

(a) Contractor personnel requiring any access to systems operated by the Contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. DOC shall provide screening using standard personnel screening forms, which the Contractor shall submit to the DOC Contracting Officer's Technical Representative (COTR) based on the following guidance:

1) Contract personnel performing work designated Contract High Risk and personnel performing work designated Contract Moderate Risk in the information technology (IT) occupations and those with "global access" to an automated information system require a favorable pre-employment check before the start of work on the contract, regardless of the expected duration of the contract. After a favorable pre-employment check has been obtained, the Background Investigation (BI) for Contract High Risk and the Minimum Background Investigation (MBI) for Contract IT Moderate Risk positions must be initiated within three working days of the start of work.

2) Contract personnel performing work designated Contract Moderate Risk who are not performing IT-related contract work do not require a favorable pre-employment check prior to their employment; however, the Minimum Background Investigation (MBI) must be initiated within three working days of the subject's start of work on the contract, regardless of the expected duration of the contract.

3) Contract personnel performing work designated Contract Low Risk will require a National Agency Check and Inquiries (NACI) upon the subject's start of work on the contract if the expected duration of the contract exceeds 365 calendar days. The NACI must be initiated within three working days of the subject's start of work on the contract.

4) Contract personnel performing work designated Contract Low Risk will require a Special Agreement Check (SAC) upon the subject's start of work on the contract if the expected duration of the contract (including options) exceeds 180 days but is less than 365 calendar days. The SAC must be initiated within three working days of the subject's start of work on the contract.

5) Contract personnel performing work on contracts requiring access to classified information must undergo investigative processing according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM), (http://www.dss.mil/isec/nispom.htm) and be granted eligibility for access to classified information prior to beginning work on the contract. The security forms may be obtained from the cognizant DOC security office servicing your bureau, operating unit, or Departmental office. At the option of the government, interim access to DOC IT systems may be granted pending favorable completion of a pre-employment check.

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Final access may be granted only on completion of an appropriate investigation based upon the risk level assigned to the contract by the Contracting Officer.

(b) Within 5 days after contract award, the Contractor shall certify in writing to the COTR that its employees, in performance of the contract, have completed annual IT security awareness training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, section 3.13 (http://home.osec.doc.gov/DOC-IT-Security- Program-Policy.htm). The COTR will inform the Contractor of any other available DOC training resources.

(c) Within 5 days of contract award, the Contractor shall provide the COTR with signed Nondisclosure Agreements as specified in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures.

(d) The Contractor shall afford DOC, including the Office of Inspector General, access to the Contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

(e) The Contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

C.14 DESIGN REVIEWS

1. PDR – Preliminary Design Review

No later than ninety (90) days from the date of contract award, NOAA requires the awarded contractor to hold a Preliminary Design Review (PDR). During the PDR the awarded contractor shall present their preliminary detailed design for the vessel as well as documentation outlining how the design complies with all requirements set forth in the Statement of Requirements. It is anticipated that there will be open dialog between NOAA and the contractor throughout this project. In the period between the date of award and the PDR there may be aspects of the design that are topics of discussion between the contractor and NOAA. During the PDR the awarded contractor should address how those items have or will be resolved, as well as the current status of any outstanding issues.

Following the PDR, NOAA will have thirty days to review the design and submit a formal response outlining any concerns, questions, and/or suggestions to the contractor.

2. CDR – Critical Design Review

No later than two hundred forty days from the date of contract award, NOAA requires the awarded contractor to hold a Critical Design Review (CDR).

During the CDR the contractor will present their final detailed design for the vessel as well as documentation outlining how the design will comply to all requirements, how the design accounts for any concerns and/or suggestions that were raised following the PDR as well as how the design accounts for any discussions that occurred in the period between the CDR and PDR.

Following the CDR, NOAA will have thirty days to review the design and submit a formal response outlining any concerns, questions, and/or suggestions to

Page - 15 the contractor. Upon NOAA approval of the detailed design, formal Notice to Proceed with construction shall be issued. Failure to deliver the detailed design within 240 days of contract award shall not relieve the contractor from delivering the vessel no later than 36 months from the date of contract award.

SECTION D

PACKAGING AND MARKING

Page - 16

D.1 1352.247-72 MARKING DELIVERABLES (MAR 2000)

The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract, except for reports.

Mark deliverables, except for reports, as follows:

Contract Line Item Number (CLIN) 0001 - Detailed Design and Construction

The ship shall be prepared for delivery and delivered in accordance with the best commercial practices. The ship shall be marked in accordance with the requirements of this contract and the FSV-40 Technical Package (TP).

CLIN 0002 – Provisioned Additional Repair Parts, Spares, Special Tools and Support and Test Equipment

The additional repair parts, spares, special tools and support and test equipment shall be marked, prepared, and packaged in accordance with the TP.

CLIN 0003 – Provisioned Outfitting Material

The outfitting material shall be marked, prepared, and packaged in accordance with the TP.

SECTION E

INSPECTION AND ACCEPTANCE

Page - 17

E.1 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 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acqnet.gov (End of Clause)

E.2 52.246-2 INSPECTION OF SUPPLIES--FIXED PRICE (AUG 1996)

E.3 52.246-4 INSPECTION OF SERVICES--FIXED PRICE (AUG 1996)

E.4 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.5 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)

The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract.

Inspection and acceptance of all data shall be as specified in the attached Data Requirements List, Attachment J-2.

CONTRACT LINE ITEM NUMBER (CLIN) 0001

Detail Design and Construction. The ship shall be inspected and accepted at origin (the Contractor's facility shown below) by an authorized representative of the Government.

(Name of Facility)

(Street Address)

(City, State and Zip Code)

The procedure for inspection and acceptance of the ship shall be as set forth in the TP and in accordance with Section E.2 INSPECTION OF SUPPLIES, Section E.6 PRELIMINARY ACCEPTANCE, Section E.7 FINAL ACCEPTANCE, and any other applicable terms and conditions of this contract.

CLIN 0002

Provisioned Additional Repair Parts, Spares, Special Tools, and Support and Test Equipment. Additional Repair Parts, Spares, Special Tools, and Support and Test Equipment shall be inspected and accepted at the shipyard by an authorized representative of the Government in accordance with this contract and the FSV-40 Technical Package (TP).

CLIN 0003

Provisioned Outfitting Material. Outfitting material shall be inspected and accepted at the shipyard by an authorized representative of the Government in accordance with this contract and the TP.

SECTION E

INSPECTION AND ACCEPTANCE

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E.6 PRELIMINARY ACCEPTANCE

Upon satisfactory completion of the applicable contractual and trial requirements and upon delivery (Section F.10, Delivery) as provided in this contract, the vessel shall be preliminarily accepted. The Warranty Period (Section H.16) commences on the date of preliminary acceptance. Preliminary acceptance will be documented via the form DD 250, Material Inspection and Receiving Report.

E.7 FINAL ACCEPTANCE

Final acceptance will be documented via DD 250 after successful completion of the Final Acceptance Trials as described in the TP, completion of the Warranty Period (see Section H.16), and correction of any patent defects or deficiencies in the delivered vessel.

SECTION F

DELIVERIES OR PERFORMANCE

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F.1 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 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acqnet.gov (End of Clause)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 42.1305)

F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(Reference 42.1305)

F.4 52.247-29 F.O.B. ORIGIN (FEB 2006)

(Reference 47.303-1(c)

F.5 52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 47.303-6(c)) (Applies to Contract Line Item Numbers 0002 and 0003 as designated by the contracting officer)

F.6 52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

(Reference 47.305-3(f)(2))

F.7 52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED

PROPERTY (JUN 2003)

(Reference 47.305-12(a)(2)

F.8 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE

SHIPMENTS (JAN 1991)

(Reference 47.303-17(f))

F.9 PERIOD OF PERFORMANCE

a. The Contractor shall deliver the ship fully outfitted in accordance with this contract, and after successful trials, ready to receive cargo and crew, and with approvals and certifications in place as required. The ship, when delivered, shall be at a draft and trim condition which is within the limiting requirements for full load condition. Where ballast water is necessary, the delivery condition shall be achieved through the use of either clean sea water or fresh water ballast or both, but the quantity shall not exceed the ship normal ballast capacity unless specifically approved by the COTR. Polluted or silt carrying water, such as harbor or river water, shall not be used to achieve the delivery condition of the ship. The Contractor shall ensure that the delivery condition is restored in accordance with the above criteria where it becomes necessary to obtain a differing temporary condition to clear an obstruction (low bridge, shallow draft, narrow beam clearance, etc.) on the way to open ocean. Offerors based around the Great Lakes will be required to deliver the vessel prior to the close of the St. Lawrence Seaway in time for the Government to make the exit transit, where delivery is required during December and January. In addition, when delivery is required from a Great Lakes offeror during February, March or April, the vessel will be delivered within two weeks of the opening of the Seaway.

SECTION F

DELIVERIES OR PERFORMANCE

Page - 20

b. The ship shall be delivered in accordance with the following schedule:

1. Contract Line Item Number (CLIN) 0001,…