H92240-13-R-8000_11_MTR_RIB_WEST_COAST_04_17_2013.doc

Section B - Supplies or Services and Prices

11 METER RIB BOAT MAINTENANCE/REPAIR

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS) AND ATTACHMENT (2) WORK PACKAGES. THE APPLICABLE WORK PACKAGE WILL BE PROVIDED IN EACH INDIVIDUAL DELIVERY ORDER.

FOB: Destination

PURCHASE REQUEST NUMBER: V4222113RC1299

NET AMT

1001AA

11 METER RIB BOAT MAINTENANCE/REPAIR

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE.

PURCHASE REQUEST NUMBER: V4222113RC1299

NET AMT

1001AB

11 METER RIB BOAT MAINTENANCE/REPAIR

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). AND ATTACHMENT (2) WORK PACKAGES (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER.

NET AMT

EMERGENT WORK

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

1002AA

EMERGENT WORK

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

1002AB

EMERGENT WORK

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS) AND ATTACHMENT (2) WORK PACKAGES. THE APPLICABLE WORK PACKAGE WILL BE PROVIDED IN EACH INDIVIDUAL DELIVERY ORDER.

NET AMT

2001AA

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE.

NET AMT

2001AB

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). AND ATTACHMENT (2) WORK PACKAGES (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER.

NET AMT

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

2002AA

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

2002AB

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS) AND ATTACHMENT (2) WORK PACKAGES. THE APPLICABLE WORK PACKAGE WILL BE PROVIDED IN EACH INDIVIDUAL DELIVERY ORDER.

NET AMT

3001AA

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE.

NET AMT

3001AB

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). AND ATTACHMENT (2) WORK PACKAGES (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER.

NET AMT

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

3002AA

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

3002AB

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS) AND ATTACHMENT (2) WORK PACKAGES. THE APPLICABLE WORK PACKAGE WILL BE PROVIDED IN EACH INDIVIDUAL DELIVERY ORDER.

NET AMT

4001AA

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE.

NET AMT

4001AB

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). AND ATTACHMENT (2) WORK PACKAGES (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER.

NET AMT

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

4002AA

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

4002AB

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS) AND ATTACHMENT (2) WORK PACKAGES. THE APPLICABLE WORK PACKAGE WILL BE PROVIDED IN EACH INDIVIDUAL DELIVERY ORDER.

NET AMT

5001AA

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE.

NET AMT

5001AB

FFP

UPON ISSUANCE OF INDIVIDUAL TASK/ DELIVERY ORDER, THE CONTRACTOR SHALL PROVIDE PERIODIC MAINTENANCE AS WELL AS DESIGN UPGRADES FOR THE 11 METER (11M) RIGID INFLATABLE BOAT (RIB) IN ACCORDANCE WITH ATTACHMENT (1) PERFORMANCE STATEMENT OF WORK (PWS). AND ATTACHMENT (2) WORK PACKAGES (SEE ATTACHMENT 6 FOR ESTIMATED QUANTITIES) THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER.

NET AMT

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

5002AA

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE, SPECIAL BOAT TEAM TWELVE. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

5002AB

FFP

EMERGENT WORK IN SUPPORT OF RIB MAINTENANCE IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. WORK UNDER THIS ITEM SHALL BE ACCOMPLISHED WHEN REQUIRED BY ORDERS ISSUED BY THE CONTRACTING OFFICER IN ACCORDANCE WITH DFAR 252.217-.2028 "OVER AND ABOVE WORK" THIS ITEM NUMBER IS IN SUPPORT OF NAVAL SPECIAL WARFARE COMMAND CENTER. FULLY BURDENED LABOR HOURLY RATE FULLY BURDENED OVERTIME HOURLY RATE MATERIAL HANDLING RATE (IF APPLICABLE)

NET AMT

WEST COAST FIVE YEAR COST

B-1 TYPE OF CONTRACT – This is an indefinite delivery indefinite quantity (IDIQ) contract with firm fixed price line items. The contract will include a one-year base period and 4 additional ordering periods. The contract minimum is Task Order 0001 and the contract maximum is $11,000,000 over the life of the contract.

The contract maximum is established on a total amount basis rather than by Maximum Quantities for each individual Line item.

THE DOLLAR VALUES SHOWN HERE IN SECTION B FOR EACH CLIN ARE PROVIDED TO ESTABLISH THE CONTRACT MAXIMUM VALUE OF $11,000,000. IN THE CONTRACT WRITING SYSTEM, THEY HAVE NO BEARING ON THE CONTRACT.

FUNDS WILL BE OBLIGATED AND LINE ITEM VALUES WILL BE DETERMINED AT THE TASK ORDER LEVEL.

B.2 BASE PERIOD – The contract base period includes item numbers 1001 through 1002AC

B.3 ADDITIONAL ORDERING PERIODS –

Option year one (1) Option year 1 ordering period includes item number 2001 through 2002AC

Option year two (2) Option year 2 ordering period includes item numbers 3001 through 3002AC

Option year three (3) Option Year 3 includes item numbers 4001 through 4002AC

Option year four (4) Option Year 4 period includes item numbers 5001 through 5002AC

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

(a) Definitions. As used in this clause --

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year after delivery or one year after expiration of the manufacturers original warranty: [Contracting Officer shall state specific period of time after delivery, or the specified event whose occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods of time]--

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(End of clause)

Section E - Inspection and Acceptance

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 selected below. (If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.)

Title Number Date Tailoring

ISO 9001-2000 or equivalent (End of clause)

INSPECTION AND ACCEPTANCE

Inspection and acceptance of all items shall be by Government Personnel at the following locations as designated in each individual delivery/task order:

Special Boat Team Twelve (SBT-12)

3402 Tarawa Drive

Naval Amphibious Base, Coronado

San Diego, CA 92155

OR

Naval Special Warfare Basic Training Command (NSWBTC)

Naval Amphibious Base Coronado

3632 Guadalcanal Road, Bldg. 17

San Diego, CA 92155

Section F - Deliveries or Performance

CONTRACT PERFORMANCE

Special Boat Team Twelve (SBT-12)

3402 Tarawa Drive

Naval Amphibious Base, Coronado

San Diego, CA 92155

OR

Naval Special Warfare Basic Training Command (NSWBTC)

Naval Amphibious Base Coronado

3632 Guadalcanal Road, Bldg. 17

San Diego, CA 92155

PERIOD CLIN(S) PERIOD OF PERFORMANCE

BASE YEAR 1001 – 1002 AB 1 YEAR FROM DATE OF CONTRACT AWARD

OPTIONS, IF EXERCISED:

OPTION YEAR 1 2001 – 2002 AB 1 YEAR FROM EXERCISE OF OPTION

OPTION YEAR 2 3001 – 3002 AB 1 YEAR FROM EXERCISE OF OPTION

OPTION YEAR 3 4001 – 4002 AB 1 YEAR FROM EXERCISE OF OPTION

OPTION YEAR 4 5001 – 5002 AB 1 YEAR FROM EXERCISE OF OPTION

Task Order Performance

Each task order shall be completed according to the following schedule:

(1) LOW WORK EFFORT – 45 CALENDAR DAYS AFTER DATE OF TASK ORDER.

Applies to WORK PACKAGES SECTION J, ATTACHMENT 2.

(2) MEDIUM AND HIGH WORK EFFORT – 60 CALENDAR DAYS AFTER DATE OF TASK ORDER.

Applies to Applies to WORK PACKAGES SECTION J, ATTACHMENT 2.

NOTE: SHOULD A TASK ORDER CALL FOR A COMBINATION OF LOW, MEDIUM AND OR HIGH WORK EFFORT, ALL WORK SHALL BE COMPLETED WITH IN 60 CALENDER DAYS.

(3) Upon completion of the repair, maintenance, and or upgrades of each boat the Contractor shall demonstrate that the work has been completed by walking through the items with a Government designated representative. The Contractor shall complete a certificate of conformance that shows and certifies that all items of work under the ordered work package have been completed.

(4) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offer or results in a binding contract. The Government will electronically or otherwise furnish to the offer or an award or notices of award not later than the day of award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through methods other than electronic transmission. However, the Government will evaluate in offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) one working day when the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

CPARS

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) The Contractor Performance Assessment Reporting System (CPARS) has been established by the U.S. Department of Navy (DON) to collect past performance information on defense contractors, as required by FAR 42.10502. Unser CPARS, the Government will conduct annual evaluations of the contractor’s performance. If the period of performance is less than one year, then only one CPARS report will be completed upon contract completion. Specific areas to be evaluated include:

1. Quality of Product or Service

2. Schedule

3. Cost Control

4. Management

(b) A Government Assessing Official will evaluate the contractor’s performance and provide ratings for each of the above areas. Ratings range from “Exceptional” to “Unsatisfactory” as defined in the DON CPARS Guide. The Contractor will have thirty (30) days to review the evaluation and provide comments. Any disagreements between the Assessing Official and the contractor will require review by a Government Reviewing Official.

(c) The following individual will be the contractor’s authorized CPARS representative for this contract:

NAME: To be Completed at Time of Award

PHONE: To be Completed at Time of Award

E-MAIL ADDRESS: To be Completed at Time of Award

(d) All CPARS reports are prepared and submitted on an on-line, password protected web site located at http://cpars.navy.mil. The Government’s CPARS Focal Point will assign a User ID and Password to the above individual upon contractor request, or when the first CPARS report is initiated. It is the responsibility of the contractor to notify the Focal Point whenever their CPARS representatives need to be changed.

DELIVERY INFORMATION

14-MAY-2014

14-MAY-2014

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2014

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2014

14-MAY-2014

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2014

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2015

14-MAY-2015

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2015

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2015

14-MAY-2015

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2015

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2016

14-MAY-2016

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2016

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2016

14-MAY-2016

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2016

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2017

14-MAY-2017

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2017

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2017

14-MAY-2017

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2017

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2018

14-MAY-2018

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2018

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

14-MAY-2018

14-MAY-2018

LT MALAVE

3402 TARAWA RD, BLDG 214

SAN DIEGO CA 92155-5033

619-437-3707

V42221

14-MAY-2018

SAM BROWN

2446 TRIDENT WAY, BLDG 17

SAN DIEGO CA 92155-5599

619-537-2335

N49746

Section G - Contract Administration Data

DEFINITIONS

a. All periods of time referenced herein shall be measured by Working Days, Weeks, and Months, as opposed to “Calendar” Day, Weeks, and Months.

b. The “Contract Award Date” shall be synonymous with the Date the contract is signed by the Contracting Officer unless otherwise stated in the contract. For task orders issued under indefinite delivery type contracts, the terms “Contract Award Date” is defined as the delivery order date.

c. The terms “DAC” and “ADC” mean days after Contract Award Date, which is calculated on the basis of Calendar Days.

d. The term “MAC” means months after Contract Award Date, which is calculated on the basis of Calendar Months.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2 In 1 (Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and

“Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

N/A (Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

5652.201-9001 5652.201-9001 Technical Representative (2005)

(a) The Contracting Officer may appoint one or more Government employees as a technical representative to assist the Contracting Officer with scientific engineering or field of discipline matters directly related to the contract. The technical representative is not authorized to act on be behalf of the Contracting Officer or to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(b) The appointments will be in writing, signed by the Contracting Officer.

(end of clause)

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

252.246-7005 Notice of Warranty Tracking of Serialized Items (JUN 2011)

(a) Definition. Unique item identifier and warranty tracking are defined in the clause at 252.246-7006, Warranty Tracking of Serialized Items.

(b) Reporting of data for warranty tracking and administration. The offeror shall provide the information required by Attachment --, Warranty Tracking Information, (indicated by a single asterisk (*)), on each contract line item number, subline item number, or exhibit line item number for warranted items. The offeror shall provide all information required by Attachment --, Warranty Repair Source Instruction, prior to, but not later than when the warranted items are presented for receipt and/or acceptance. The ``Warranty Item Unique Item Identifier data category may also be completed in conjunction with Attachment --, Warranty Repair Source Instruction.

Information required in the warranty attachment shall include such information as duration, enterprise, enterprise identifier, first use, fixed expiration, installation, issuing agency, item type, starting event, serialized item, unique item identifier, usage, warranty administrator, warranty guarantor, warranty repair source, and warranty tracking. The offeror shall submit the data for warranty tracking to the Contracting Officer.

(End of provision)

252.246-7006 Warranty Tracking of Serialized Items (JUN 2011)

(a) Definitions. As used in this clause--

Duration means the warranty period. This period may be a stated period of time, amount of usage, or the occurrence of a specified event, after formal acceptance of delivery, for the Government to assert a contractual right for the correction of defects.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for granting the warranty and/or assigning unique item identifiers to serialized warranty items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

First use means the initial or first-time use of a product by the Government.

Fixed expiration means the date the warranty expires and the Contractor's obligation to provide for a remedy or corrective action ends.

Installation means the date a unit is inserted into a higher level assembly in order to make that assembly operational.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/web/Normen-ontwikkelen/ISOIEC-15459-Issuing-Agency-Codes.htm.

Item type means a coded representation of the description of the item being warranted, consisting of the codes C--component procured separate from end item, S--subassembly procured separate from end item or subassembly, E--embedded in component, subassembly or end item parent, and P--parent end item.

Starting event means the event or action that initiates the warranty.

Serialized item means each item produced is assigned a serial number that is unique among all the collective tangible items produced by the enterprise, or each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment within the enterprise identifier. The enterprise is responsible for ensuring unique serialization within the enterprise identifier or within the part, lot, or batch numbers, and that serial numbers, once assigned, are never used again.

Unique item identifier means a set of data elements marked on an item that is globally unique and unambiguous.

Usage means the quantity and an associated unit of measure that specifies the amount of a characteristic subject to the contractor's obligation to provide for remedy or corrective action, such as a number of miles, hours, or cycles.

Warranty administrator means the organization specified by the guarantor for managing the warranty.

Warranty guarantor means the enterprise that provides the warranty under the terms and conditions of a contract.

Warranty repair source means the organization specified by a warranty guarantor for receiving and managing warranty items that are returned by a customer.

Warranty tracking means the ability to trace a warranted item from delivery through completion of the effectivity of the warranty.

(b) Reporting of data for warranty tracking and administration. The Contractor shall provide all information required by Attachment ----, Warranty Tracking Information on each contract line item number, subline item number, or exhibit line item number for warranted items. The Contractor shall provide all information required by Attachment ----, Warranty Repair Source Instructions, prior to, but not later than when the warranted items are presented for receipt and/or acceptance. The ``Warranty Item Unique Item Identifier'' data category may also be completed in conjunction with Attachment ----, Warranty Repair Source Instructions. Information required in the warranty attachment shall include such information as duration, enterprise, enterprise identifier, first use, fixed expiration, installation, issuing agency, item type, starting event, serialized item, unique item identifier, usage, warranty administrator, warranty guarantor, warranty repair source, and warranty tracking. The Contractor shall submit the data for warranty tracking to the Contracting Officer with a copy to the requiring activity and the Contracting Officer Representative.

(c) Reservation of rights. The terms of this clause shall not be construed to limit the Government's rights or remedies under any other contract clause.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.247-7006 REMOVAL OF CONTRACTOR'S EMPLOYEES. (DEC 1991)

The Contractor agrees to use only experienced, responsible, and capable people to perform the work. The Contracting Officer may require that the Contractor remove from the job, employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security.

SPECIAL CONTRACT REQUIREMENTS

LIABILITY, AUTOMOBILE AND WORKMAN’S COMPENSATION INSURANCE

The following types of insurance are required in accordance with the clause entitled "Insurance - Work on a Government Installation" (FAR 52.228-5) and shall be maintained in the minimum amounts shown:

1. Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury.

2. Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per occurrence for property damage.

3. Standard Workmen Compensation and Employer's Liability Insurance (or where maritime employment is involved, Longshoremen's and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000.

NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES

a.

Pursuant to Navy policy applicable to both government and contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into government work areas.

b.

In furtherance of the Navy's drug control program, unannounced periodic inspections of the following nature may be conducted by installation security authorities:

1. Routine inspection of contractor occupied work spaces.

2. Random inspections of vehicles on entry or exit, with drug detection dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs.

3. Random inspections of personal possessions on entry or exit from the installation.

c.

When there is probable cause to believe that a contractor employee on board a Naval installation has been engaged in use, possession, or trafficking of drugs, the installation authorities may detain said employee until the employee can be removed from the installation, or can be released to the local authorities having jurisdiction.

d.

Trafficking in illegal drag and drug paraphernalia by contract employees while on a military vessel/installation may lead to possible withdrawal or downgrading of security clearance, and/or referral for prosecution by appropriate law enforcement authorities.

e.

The contractor is responsible for the conduct of employees performing work under this contract and is, therefore, responsible to assure that employees are notified of these provisions prior to assignment.

f. The removal of contractor personnel from a Government vessel or installation as a result of the drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery, or other provisions of this contract.

PROCEDURES FOR ISSUING ORDERS

(a) Ordering: Supplies or services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders on DD Form 1155 by the Ordering Offices authorized in Section B. All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any order. When mailed, a delivery order shall be "issued" for purpose of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the contractor.

(b) Ordering Procedures:

(1) Task orders issued shall include, but not be limited to the following information:

(a) Date of Order

(b) Contract and Order Number

(c) Appropriation and accounting data

(d) Description of the services to be performed

(e) Description of end item(s) to be delivered

(f) Exact place of pickup and delivery

(g) The inspecting and accepting codes (as applicable)

(h) Period of time in which the services are to be performed (i) for each applicable labor category, estimated number of labor hours.

(j) The ceiling price for the order

(k) List of Government furnished material and the estimated value thereof, if applicable.

Oral orders may be placed hereunder only in emergency circumstances by the Contracting Officer. Information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written task order on DD Form 1155 within two working days.

c) Modifications of Task Order: Task order may be modified by the Ordering Officer. Modifications to delivery orders shall include the information set forth in paragraph b above, as applicable. Task order may be modified orally by the Ordering Officer in emergency situations. Oral modifications shall be confirmed by the issuance of a written modification within two working days from the time of the oral communication modifying the order.

(d) The Ceiling Amount for each task will be the ceiling price stated therein and may not be exceeded except when authorized by a modification to the task order.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE