H92222-10-R-0005 Release.doc

NOTE: The total page count on the upper right hand corner of the cover page is incorrect. It should read “132” not “136”.

Section B - Supplies or Services and Prices

INSTRUCTIONS

B.1 TYPE OF CONTRACT - This is an indefinite delivery, indefinite quantity (IDIQ) contract with firm fixed price and cost reimbursable line items for a total period of performance of nine (9) years.

The total contract maximum is $400,000,000 over the life of the contract.

The total contract minimum is the value of Contract Line Item Number (CLIN) 0001, Shallow Water Combat Submersible (SWCS) Critical Item Development (CID) Tasks, and CLIN 0002, Contract Data Requirements List.

B.2 BASE PERIOD – Award of CLINS 0001 and 0002. Contract award through 31 May 2011. (NOTE: CLIN 0002 deliverables will be applicable to all periods of the contract.)

B.3 DEVELOPMENT AND TEST PERIOD (If Exercised) – Award of CLINS 0003 - 0007. Award, 1 May 2011, through 14 Dec 2014.

B.4 FIRST ARTICLE PRODUCTION PERIOD (If Exercised) – Award of CLINS 0008 and 0009. Award, 1 Oct 2013, through 31 Dec 2014.

B.5 PRODUCTION PERIODS (If Exercised) – Applicable to all remaining CLINS. These are option CLINS and, if exercised, will be Indefinite Delivery/Indefinite Quantity (ID/IQ) CLINs against which the Government will order items through delivery orders.

Production Ordering Periods.

CLINS 0008-0019, First Ordering Period. The ordering period is from 1 Oct 2013 through 30 Sep 2014.

CLINS 0020-0029, Second Ordering Period. The ordering period is from 1 Oct 2014 through 30 Sep 2015.

CLINS 0030-0039, Third Ordering Period. The ordering period is from 1 Oct 2015 through 30 Sep 2016.

CLINS 0040-0049 Fourth Ordering Period. The ordering period is from 1 Oct 2016 through 30 Sep 2017.

CLINS 0050-0059, Fifth Ordering Period. The ordering period is from 1 Oct 2017 to 30 Sep 2018.

CLINS 0060-0069, Sixth ordering period. The ordering period is from 1 Oct 2018 to 30 Sep 2019

B.6 SECTION B PRICING INSTRUCTIONS

Due to Standard Procurement System (SPS) limitations, sufficient room is not provided in the CLIN descriptions to allow entering of stepladder or quantity buy discount breakout of prices. To aid in proposal submission, Attachment S-2, Section B Pricing Supplement, is provided. Offerors are instructed to provide their Section B costs/pricing on the Attachment and submit the Attachment with their Cost Volume.

SWCS Critical Item Development Tasks

FFP

Firm Fixed Price (FFP)

Design, Develop and Fabricate Critical Items for evaluation in accordance with (IAW) Section C and Section J Attachments/Exhibits.

To be set forth in an individual delivery order.

Freight on Board (FOB)

FOB: Contractor Facility

NET AMT

Lot

Contract Data Requirements List

DD Form 1423, Contract Data Requirements List, Exhibits A, B, and C hereto.

NSP - Not Separately Priced.

FOB: Destination

NET AMT

CPIF

Cost Plus Incentive Fee (CPIF)

Design, Develop and Fabricate one (1) SWCS EDM System consisting of the Cost Plus Incentive Fee (CPIF)SWCS System and associated support equipment IAW Section C and Section J Attachments/Exhibits

To be set forth in an individual delivery order.

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

0%

MAXIMUM FEE

15%

SHARE RATIO ABOVE TARGET

75/25

SHARE RATIO BELOW TARGET

75/25

CPFF

The contractor shall provide engineering services in support of CLIN 0003 IAW Sections C and J, Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NOT TO EXCEED (NTE) OF $1,000,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

The contractor shall provide all necessary facilities, materials, and labor to generate and provide up to 3 Initial Familiarization Training classes IAW Sections C and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section H.9.

The quantity depicts the number of classes.

To be set forth an individual delivery order.

MAX

NET AMT

FFP

The contractor is authorized under this CLIN to order up to 2 sets of Long Lead Time Materials for CLIN 0008 - SWCS First Article Systems # 1- 2. Each set is to cover materials for 1 SWCS System.

To be set forth in individual delivery orders.

Stepladder pricing may be entered as set forth in Section H.9.

MAX

COST

If required, the contractor shall travel in support of Government approved reviews, meetings, and repairs, prior to the first ordering period, IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulations (JTR) and Sections C and J, Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

ESTIMATED COST

FFP

FIRST ORDERING PERIOD. The contractor shall provide up to 2 SWCS Systems (minus trailers), manuals, and warranty IAW Section C and J Attachments/ Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FIRST ORDERING PERIOD. The contractor shall provide up to 2 trailers with warranty and manuals IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FIRST ORDERING PERIOD. The contractor is to provide Long Lead Time Materials (sets) for up to 8 SWCS Systems. Each set is to cover materials for 1 SWCS System.

To be set forth in individual delivery orders.

MAX

FFP

FIRST ORDERING PERIOD: The contractor shall provide Technical Training Equipment IAW Sections C, H, and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FIRST ORDERING PERIOD. The contractor shall provide Provisioning Items IAW Sections C, H, and J Attachments/Exhibits.

MAX

FFP

FIRST ORDERING PERIOD. The contractor shall provide PUK Provisioning Items IAW Sections C, H, and J Attachments/Exhibits.

MAX

CPFF

FIRST ORDERING PERIOD. The contractor shall provide engineering services IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $300,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

FFP

FIRST ORDERING PERIOD. The contractor shall provide maintenance and supply support for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

MAX

FFP

FIRST ORDERING PERIOD. The contractor shall provide scheduled depot maintenance the SWCS Systems IAW Section C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $100,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FIRST ORDERING PERIOD. The contractor shall provide spare parts for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $1,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FIRST ORDERING PERIOD. The contractor shall provide training IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $65,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

COST

FIRST ORDERING PERIOD: If required, the contractor shall travel in support of this contract for reviews, meetings, and repairs IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulations (JTR) and Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $20,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

FFP

SECOND ORDERING PERIOD. The contractor shall provide up to 8 SWCS Systems (minus trailers), manuals, and warranty IAW Sections C and J Attachments/ Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide up to 8 trailers with warranty and manuals IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor is to provide Long Lead Time Materials (sets) for up to 8 SWCS Systems. Each set is to cover materials for 1 SWCS System.

To be set forth in individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide up to 4 sets of PUK Provisioning Items IAW Sections C, H, and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

CPFF

SECOND ORDERING PERIOD. The contractor shall provide engineering services IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $450,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

FFP

SECOND ORDERING PERIOD. The contractor shall provide maintenance and supply support for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide scheduled depot maintenance the SWCS Systems IAW Section C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $100,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide spare parts for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $5,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide training IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $200,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

COST

SECOND ORDERING PERIOD: If required, the contractor shall travel in support of this contract for reviews, meetings, and repairs IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulations (JTR) and Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

FFP

THIRD ORDERING PERIOD. The contractor shall provide up to 8 SWCS Systems (minus trailers), manuals, and warranty IAW Sections C and J Attachments/ Exhibits.

To be set forth in individual delivery orders.

Stepladder pricing may be entered as set forth in Section H.9

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide up to 8 trailers with warranty and manuals IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

THIRD ORDERING PERIOD. The contractor is to provide Long Lead Time Materials (sets) for up to 8 SWCS Systems. Each set is to cover materials for 1 SWCS System.

To be set forth in individual delivery orders.

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide up to 4 PUK Provisioning Item sets IAW Sections C, H, and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

CPFF

THIRD ORDERING PERIOD. The contractor shall provide engineering services IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $400,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

FFP

THIRD ORDERING PERIOD. The contractor shall provide maintenance and supply support for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide scheduled depot maintenance the SWCS Systems IAW Section C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $100,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide spare parts for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $7,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide training IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $200,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

COST

THIRD ORDERING PERIOD: If required, the contractor shall travel in support of this contract for reviews, meetings, and repairs IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulations (JTR) and Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $20,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

FFP

FOURTH ORDERING PERIOD. The contractor shall provide up to 8 SWCS Systems (minus trailers), manuals, and warranty IAW Sections C and J Attachments/ Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide up to 8 trailers with warranty and manuals IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor is to provide Long Lead Time Materials (sets) for up to 8 SWCS Systems. Each set is to cover materials for 1 SWCS System.

To be set forth in individual delivery orders.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide up to 4 PUK Provisioning Item sets IAW Sections C, H, and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

CPFF

FOURTH ORDERING PERIOD. The contractor shall provide engineering services IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $450,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

FFP

FOURTH ORDERING PERIOD. The contractor shall provide maintenance and supply support for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide scheduled depot maintenance the SWCS Systems IAW Section C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $400,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide spare parts for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $7,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide training IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $200,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

COST

FOURTH ORDERING PERIOD: If required, the contractor shall travel in support of this contract for reviews, meetings, and repairs IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulations (JTR) and Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $20,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

FFP

FIFTH ORDERING PERIOD. The contractor shall provide up to 8 SWCS Systems (minus trailers), manuals, and warranty IAW Sections C and J Attachments/ Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide up to 8 trailers with warranty and manuals IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor is to provide Long Lead Time Materials (sets) for up to 8 SWCS Systems. Each set is to cover materials for 1 SWCS System.

To be set forth in individual delivery orders.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide up to 4 PUK Provisioning Item sets IAW Sections C, H, and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

CPFF

FIFTH ORDERING PERIOD. The contractor shall provide engineering services IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $500,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

FFP

FIFTH ORDERING PERIOD. The contractor shall provide maintenance and supply support for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide scheduled depot maintenance the SWCS Systems IAW Section C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $1,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide spare parts for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $7,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide training IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $200,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

COST

FIFTH ORDERING PERIOD: If required, the contractor shall travel in support of this contract for reviews, meetings, and repairs IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulation (JTR) and Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $20,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

FFP

SIXTH ORDERING PERIOD. The contractor shall provide up to 8 SWCS Systems (minus trailers), manuals, and warranty IAW Sections C and J Attachments/ Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide up to 8 trailers with warranty and manuals IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide up to 4 PUK Provisioning Items sets IAW Sections C, H, and J Attachments/Exhibits.

To be set forth in individual delivery orders.

MAX

CPFF

SIXTH ORDERING PERIOD. The contractor shall provide engineering services IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $500,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

FFP

SIXTH ORDERING PERIOD. The contractor shall provide maintenance and supply support for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide scheduled depot maintenance the SWCS Systems IAW Section C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $1,250,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide spare parts for the SWCS Systems IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $8,000,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide training IAW Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $300,000 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

COST

SIXTH ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Federal Travel Regulations (JFTR)/Joint Travel Regulations (JTR) and Sections C and J Attachments/Exhibits.

To be set forth in individual delivery orders.

NOTE: NTE OF $20,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX COST

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Section C - Descriptions and Specifications

DESCRIPTION OF REQUIREMENT

C.1 The contractor shall provide all labor, equipment, tools, supervision, and other items or services as needed in accordance with Section J Attachments and Exhibits. All work called for by the contract line items specified in Section B shall be performed in accordance with Section J Attachments and Exhibits or as cited on individual delivery orders issued under this contract.

C.2 The contractor shall use the information contained in the Section J Attachments and Exhibits to prepare their Statement of Work (SOW) and System Performance Specification (SPS) and Drawings, which shall be incorporated into the resultant contract.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

5652.246-9000 Marking of Warranted Items (1998)

Each item covered by a warranty shall be stamped or marked with the contract number, item description, and ship to address. Items shall also include markings that state (i) the existence and substance of the warranty, (ii) the warranty duration, and (iii) who to notify if supplies are found to be defective. Where this is impractical, written notice shall be attached to or furnished with the warranted item.

(end of clause)

5652.247-9000 Packaging & Marking - F.O.B. Destination (1998)

The shipping, address, contract number, device number, and any other "MARK FOR" information shall be clearly marked on the outside of all packages shipped under this contract. Information shall be easily identified without opening the package. This information shall also be included on the inside of all packages.

(end of clause)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

1. Material and services for the following CLINs will be inspected, accepted and delivered in place at the builder’s facility:

Base Contract: 0001

Option CLINS: 0003, 0005-0006, 0008-0010, 0014, 0020-0022, 0024, 0030-0032, 0034, 0040-0042, 0044, 0050-0052, 0054, 0060-0061, 0064

2. Material and services for the following CLINS will be inspected and accepted at destination as stated in individual contract modifications/delivery orders:

Base Contract: 0002

Option CLINS: 0004, 0007, 0011-0013, 0015-0019, 0023, 0025-0029, 0033, 0035-0039, 0043, 0045-0049, 0053, 0055-0059, 0063, 0065-0069

3. All technical data delivered under this contract will be inspected, accepted at, and delivered to the PMS Naval Special Warfare (NSW) Program Office. Delivery shall be made via electronic means to the PMS NSW Web Portal.

Program Executive Office

Littoral and Mine Warfare

ATTN: PMS NSW SSP (Alison Dreiss)

614 Sicard Street, SE

Stop 7003

Washington Navy Yard, DC 20376-7003

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.246-11 HIGHER-LEVEL CONTRACT QUALITY (FEB 1999)

The Contractor shall comply with the higher-level quality standard identified below.

QUALITY MANAGEMENT SYSTEM REQUIREMENTS

Quality Management System Requirements. The Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ANSI/ISO/ASQ 9001-2000 Quality Management Systems, or equivalent quality standard and supplemental requirements imposed by this contract. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall require of subcontractors a quality management system achieving control of the quality of the services and/or supplies provided. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

(End of clause)

5652.246-9001 Material Inspection and Receiving Reports (DD 250) Addresses (2001)

Material Inspection and Receiving Reports shall be transmitted electronically in accordance with DFAR 252.246-7000 to the following addresses:

(to be completed at time of award)

(end of clause)

Section F - Deliveries or Performance

HARDWARE DELIVERY SCHEDULE

CLIN

Description

Required Delivery

CLIN 0001

CID Task

6 months after issuance of delivery order

CLIN 0002

Contract Data Requirements

See CDRL

CLIN 0003

SWCS EDM System

24 months after issuance of delivery order

CLIN 0004

Engineering Services

As required

CLIN 0005

Initial Familiarization Training

3 months after issuance of delivery order for first class, then 6 weeks after issuance of deliver for remaining classes

CLIN 0006

Long Lead Time Materials (LLTM)

11 months after issuance of delivery order

CLIN 0007

Travel for EDM Support

CLIN 0008

SWCS First Article Systems

4 months after issuance of delivery order for the first system with the second system to be delivered 45 days thereafter

CLIN 0009

Trailers for SWCS

Same as CLIN 0008

CLIN 0010

CLIN 0011

Technical Training Equipment (TTE)

4 months after issuance of delivery order

CLIN 0012

Warehouse Provisioning Items

CLIN 0013

Pack-Up Kit (PUK) Provisioning Items

3 months after issuance of delivery order

CLIN 0014

Engineering Services and System Support

As required

CLIN 0015

Sustainment Management and Support

2 months after issuance of delivery order

CLIN 0016

Depot Maintenance

2 months after issuance of delivery order

CLIN 0017

Spare Parts as specified in parts list; no delivery shall exceed 90 days after issuance of delivery order

CLIN 0018

Training

3 months after issuance of delivery order

CLIN 0019

Travel for First Articles Support

CLIN 0020

SWCS Systems for first unit; remaining units shall be delivered 1 every 45 days thereafter

CLIN 0021

Same as CLIN 0020

CLIN 0022

11 months after date of delivery order

CLIN 0023

Pack-Up Kit (PUK) Provisioning Items

3 months after date of delivery order

CLIN 0024

Engineering Services and System Support

As required

CLIN 0025

Sustainment Management and Support

2 months after issuance of delivery order

CLIN 0026

CLIN 0027

CLIN 0028

6 weeks after issuance of delivery order

CLIN 0029

Travel

CLIN 0030

delivered 1 every 45 days thereafter

CLIN 0031

Same as CLIN 0030

CLIN 0032

CLIN 0033

Pack-Up Kit (PUK) Provisioning Items

3 months after date of delivery order

CLIN 0034

Engineering Services and System Support

As required

CLIN 0035

Sustainment Management and Support

2 months after issuance of delivery order

CLIN 0036

CLIN 0037

CLIN 0038

CLIN 0039

CLIN 0040

delivered 1 every 45 days thereafter

CLIN 0041

Same as CLIN 0040

CLIN 0042

CLIN 0043

Pack-Up Kit (PUK) Provisioning Items

3 months after date of delivery order

CLIN 0044

Engineering Services and System Support

As required

CLIN 0045

Sustainment Management and Support

2 months after issuance of delivery order

CLIN 0046

CLIN 0047

CLIN 0048

CLIN 0049

CLIN 0050

delivered 1 every 45 days thereafter

CLIN 0051

Same as CLIN 0050

CLIN 0052

CLIN 0053

Pack-Up Kit (PUK) Provisioning Items

3 months after date of delivery order

CLIN 0054

Engineering Services and System Support

As required

CLIN 0055

Sustainment Management and Support

2 months after issuance of delivery order

CLIN 0056

CLIN 0057

CLIN 0058

CLIN 0059

CLIN 0060

delivered 1 every 45 days thereafter

CLIN 0061

Same as CLIN 0060

CLIN 0062

Not Used – RESERVED

CLIN 0063

Pack-Up Kit (PUK) Provisioning Items

3 months after date of delivery order

CLIN 0064

Engineering Services and System Support

As required

CLIN 0065

Sustainment Management and Support

2 months after issuance of delivery order

CLIN 0066

CLIN 0067

CLIN 0068

CLIN 0069

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

Procuring Contracting Officer (PCO):

(a) Mr. Craig Bowers.

USSOCOM, HQ Procurement Division

SORDAC-KW

7701 Tampa Point Blvd

MacDill AFB, FL 33621-5323

Phone: (813) 826-7515; FAX: (813) 826-7054

E-mail: bowersc@socom.mil

(b) PCO responsibilities are outlined in FAR 1.602-2. The PCO is the only person authorized to approve changes in any of the requirements of this contract or orders issued thereunder and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the PCO’s. The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting

Officer or is pursuant to specific authority otherwise included as part of this contract. In the event the contractor effects any change at the direction of any person other than the PCO, the change will be considered to be unauthorized.

(c) All correspondence concerning contractual matters related to this contract shall be addressed to the Procuring

Contracting Officer listed above with copies to the Program Executive Office, Littoral Mine Warfare: Codes

Program Manager Ships Naval Special Warfare SEAL Support Programs (PMS NSW SSP), the Contracting Officer’s Representative (COR), and the cognizant Naval Surface Warfare Center Panama City (NSWC PC) technical representative.

Contract Specialist:

(a) Ms. Tammy Bair

USSOCOM, HQ Procurement Division

SORDAC-KW

7701 Tampa Point Blvd

MacDill AFB, FL 33621-5323

Phone: (813) 826-6957; FAX: (813) 826-7054

E-mail: tammy.bair@socom.mil

(b) The Contract Specialist is the representative of the Contracting Officer for all contractual matters.

(c) Any correspondence concerning technical matters (Engineering Change Proposals (ECP), Waivers, Deviations, Clarification or Drawings, Specifications, etc.) shall be forwarded directly to the Contract Specialist with copies to the COR and Assistant COR.

Administrative Contracting Officer (ACO)

(a) TBD (Supervisor of Shipbuilding, Conversion & Repair (SUPSHIP) or Defense Contract Management Agency (DCMA) as appropriate)

(b) The ACO of the cognizant DCMA is designated as the authorized representative of the Contracting Officer for purposes of administering this contract in accordance with FAR 42.3. However, in view of the technical nature of the supplies and services to be furnished, technical cognizance is retained by the NSWC PC.

Contracting Officer’s Representative (COR):

(a) TBD

Assistant COR:

(b) TBD

(c) The COR is the PCO’s appointed representative for technical matters. The COR is not a contracting officer and does not have the authority to direct the accomplishment of effort which is beyond the scope of the contract or to otherwise change any contract requirements. An informational copy of the COR appointment letter which provides a delineation of COR authority and responsibilities is provided as an attachment to this contract.

Paying Office

(a) Name: TBD

(b) The Paying Office makes all payments under the contract.

CLAUSES INCORPORATED BY REFERENCE

5652.216-9000 Fixed Fee Information (2003)

Subject to the requirements of FAR 52.216-8 and all other withholding requirements of this contract, the fixed fee stated in Section B shall be paid to the contractor at the same percentage rate as the percentage of incurred and allowable costs proportionate to the total estimated cost.

(end of clause)

5652.232-9001 Invoicing (2005)

(a) The contractor shall segregate and bill separately costs for each Delivery/Task Order issued under this contract. Cost for performing work set forth in one Delivery/Task Order shall not be allowable under any other Delivery/Task Order.

(b) If a Delivery/Task Order contains multiple CLINs/SLINs the contractor shall segregate and bill separately the costs for each CLIN/SLIN of the Delivery/Task Order.

(c) The cost of performing work set forth on one CLIN/SLIN shall not be allowable under any other CLIN/SLIN.

(d) The contract number and Delivery/Task Order number shall appear on correspondences and invoices. For complete instruction on submittal of proper invoices under this contract, the contractor is instructed to contact the paying office as stated in Block 25 of the award form

(end of clause)

5652.232-9003 Paying Office Instructions (2005)

(a) The Primary Contracting Office Point of Contact is: Tammy Lee Bair, USSOCOM/SORDAC-KW, 7701 Tampa Point Blvd., MacDill AFB, FL 33621; tammy.bair@socom.mil 813-826-6957.

(b) The Administrative Contracting Office Point of Contact is: (Insert Contracting Officer or Specialist name, organization, address, e-mail and- phone number to be provided at time of award.)

(c The Contracting Officer’s Representative is (COR name, organization, address, and phone number to be provided at time of award.)

(d) Invoice(s) should be forwarded directly to the following designated billing office:

(e) Payment will be made by the office designated in Block 12 on Standard Form 26, Block 25 on Standard Form 33, or Block 15 on DD form 1155, Block 18a on Standard Form 1449, or otherwise designated paying office.

(f) Payment to the contractor shall be mailed to the following address (to be provided at award if applicable.)

(g) Special Payment Instructions: (Insert special paying instructions if any).

Contracting Office completes at award.

Vendor/Contractor CAGE CODE:

CONTRACT ADMIN DODAAC:

INSPECTION DODAAC/BPN:

PLUS SIX EXT:

ACCEPTOR / SHIP TO DODAAC/BPN:

PLUS SIX EXT:

LOCAL PROCESSING OFFICE:

PLUS SIX EXT:

PAY/DISBURSING OFFICE DODAAC:

E-MAIL POINT OF CONTACT LISTING (maximize use of group e-mail accounts):

INSPECTOR:

ACCEPTOR:

CONTRACT ADMINISTRATOR:

ADDITIONAL CONTACT:

(end of clause)

5652.232-9004 Distribution of Vouchers/Invoices (2005)

(a) The contractor shall forward vouchers/invoices electronically to the addresses below in a simultaneous mailing.

(1) Original and six copies shall be submitted to:

USSOCOM

ATTN: SORDAC-PEO-M&R (TBD)

MacDill AFB, FL 33621-5323

(2) One copy shall be submitted to the Contracting Officer:

USSOCOM

ATTN: SORDAC-KW (Tammy Bair) 7701 Tampa Point Blvd

MacDill AFB, FL 33621-5323

Contract completion voucher shall be submitted through the DCAA Contract Auditor to the Defense Contract management Command (DCMC) Administrative Contracting Officer (ACO), or to the PCO who signed this contract if no DCMC ACO has been designated, for approval and transmittal to the cognizant disbursing office.

(b) Contract Completion voucher shall be submitted to: (Insert office where the final invoice will be submitted along with instructions to the DCAA for forwarding the final invoice to the ACO or CO where applicable.) To be completed upon award.

(c) Transmission of multiple copies of vouchers/invoices to one electronic address is not required when electronic submission of vouchers/invoices is required by the contract.

(end of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 PROVISIONING AND SPARE PARTS LISTS (CLINS 0017, 0027, 0037, 0047, 0057, 0067)

(a) The Government may require the contractor to furnish for delivery, at times and places to be determined, Spare Parts.

(b) The contractor can only charge the Original Equipment Manufacturer’s (OEM) price based on a catalog or market price, adjusted to reflect quantities to be acquired or kept on hand and charge a material and handling fee in accordance with their approved accounting system and forward pricing agreement rates, if applicable. No profit is authorized. Where it is necessary for the contractor to modify the OEM’s part because of contract requirements, the contractor is allowed reimbursement for only the actual costs incurred.

(c) The list will be effective for the period of the specified period, e.g., base for two years or one year for the specific option period. The contractor may modify his pricing within 45 days after the exercise of the option. If the contractor does not, the prices will remain in effect from the last option period. If applicable, any additions/deletions shall be incorporated on quarterly basis.

(d) The Government may, at its discretion, issue a provisioned items order for spare and replacement parts without first reaching an agreement as to prices. In such cases, the Contracting Officer will issue the order with a NTE price for each item at the prices contained in the Provisioning Parts List (PPL). The Administrative Contracting Officer shall definitize such order within 60 days. In no case will the Government’s liability for an individual part exceed that price quoted by the Contractor in provisioning parts list cost proposal. If agreement cannot be reached on the price of the items the Contracting Officer or Administrative Contracting Officer may issue a unilateral document definitizing the prices. The contractor may dispute the definitizing modification in accordance with the Disputes clause.

H.2 GOVERNMENT FURNISHED PROPERTY

Pursuant to the Government Property Clause herein, the Government may furnish the item(s) of property listed under Section J attachments as Government-Furnished Property (GFP) or Equipment (GFE) to the Contractor, FOB Destination for use in performance of this contract. Upon completion of the contract, the Contractor shall obtain disposition instructions from the Government Property Administrator of the activity having responsibility for administration of the contract.

H.3 CONFIGURATION CHANGES

The Firm Fixed Price (FFP) SWCS Systems and trailers on this contract will be used as a baseline to negotiate fair and reasonable prices for any configuration changes. Development of configuration changes subsequent to this baseline will be accomplished as an Engineering Change Proposal.

H.4 DATA RIGHTS

As certified under Section K, Provision DFARS 252-227-7017, the contractor asserts for itself, or the persons identified below, that the Government’s right to use, release, or disclose the following technical/software data should be restricted as such:

TO BE COMPLETED AT AWARD OF A CONTRACT.

H.5 RESTRICTIVE MARKINGS FOR IDENTIFICATION OF NON-TECHNICAL TRADE SECRETS

(a) GENERAL. This clause specifies the required format for restrictive markings on non-technical data items delivered under this contract. This clause is applicable only to data which are not covered by DFARS provisions and which include information asserted by the Contractor to be non-technical trade secrets. The standard markings specified in this clause shall be used to notify the Government of the Contractors’ assertions regarding the presence of non-technical trade secrets in data items and to identify exactly the information to which the restrictive markings refer. This clause does not modify the rights and obligations of any party to this contract with respect to the technical data, computer software, and computer software documentation which are within the scope of the causes at Defense Acquisition Regulation Supplement (DFARS) 252.227-7013 DFARS 252.227-7014 “Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (JUN 1995),” DFARS 252.22-7015 “Technical Data – Commercial Items (NOV 1995),” DFARS 252.227-7019 “Validation of Asserted Restrictions – Computer Software (JUN 1995),” and DFARS 252.227-7037 “Validation of Restrictive Markings on Technical Data (SEP 1999).”

(b) DEFINITIONS. Terms which are defined in this clause are indicated with a bold font. As used in this clause:

(1) Non-technical data means information, in any format and recorded on any media, which is not technical data, computer software or computer software documentation as defined in DFARS 252.227-7013 and DFARS 252.227-7014.

(2) Non-technical trade secret means any item of non-technical data, including but not limited to, a formula pattern, compilation, program, device, method, technique, or process, that:

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(ii) is the subject of efforts by the Contractor, that are reasonable under the circumstances, to maintain its secrecy; and

(iii) is not “technical data,” “computer software,” or “computer software documentation,” as those terms are defined in DFARS 252.227-7013 and DFARS 252.227-7014; and

(iv) is not bid or proposal information or source selection information subject to the requirements of FAR 3.104-4; and

(v) is not Government furnished information or information previously provided by the Contractor to the Government without restriction; and

(vi) is not information available to the Government without restriction from other sources.

(3) Nonconforming trade secret marking means any restrictive legend or marking that is placed on a document or within an electronic file that does not comply with the requirements of this clause but appears to assert restrictions on the Government’s rights to use, modify, reproduce, release, perform, display,…