N00024-21-R-2295 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N0002421R2295 25-Feb-2021

b. TELEPHONE NUMBER

(202) 781-3927

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 Mar 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N000249. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TAMMY A. RYMAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVENUE

WASHINGTON NAVY YARD DC 20376

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF146

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0002421R2295

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

5 Each

SSP Harbor Security Boat (HSB)

FFP

Boats 1 through 5

See Note C

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

2 Each

OPTION Propulsion System Set for SSP HSB

FFP

Each set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets. (See Section C)

One (1) set shall be delivered with Boat 1 and one (1) set shall be delivered with Boat 2

See Section C

1 Each

Pre Delivery Inspection and Trial (PDIT)

FFP

PDIT will be performed on boat 1

FOB: Origin (Shipping Point)

3 Each

Shipping – Silverdale, WA

FFP

For Boats 1, 3 and 5

Shipping – Kings Bay, GA

FFP

For Boats 2 and 4

Crew Familiarization Silverdale, WA

FFP

Crew Familiarization Kings Bay, GA

FFP

Technical Data Package Non-Recurring Eng

FFP

Each

OPTION Provisioned Item Order

FFP

Reactivation and Training See Section C

See Note B

OPTION Provisioned Item Order Spares

FFP

See Section C

See Note B

Engine Diagnostics

FFP

OPTION SSP Harbor Security Boat

FFP

Boats 6 through 10

See Section C NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

4 Each

FFP

Each set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets.

PDIT

FFP

Shipping – Silverdale, WA

FFP

For Boats 7 and 9

Shipping – Kings Bay, GA

FFP

For Boats 6, 8 and 10

OPTION SSP Harbor Security Boat (HSB)

FFP

Boats 11 and 12

See Section C NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

FFP

Each set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets.

OPTION Shipping – Silverdale, WA

FFP

For Boat 11

OPTION Shipping – Kings Bay, GA

FFP

For Boat 12

FFP

Boats 13 through 17

See Section C NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

FFP

Each set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets.

OPTION PDIT

FFP

FFP

For Boats 13, 15 and 17

FFP

For Boats 14 and 16

OPTION Crew Familiarization Silverdale, WA

FFP

OPTION Crew Familiarization Kings Bay, GA

FFP

OPTION Engine Diagnostics

FFP

FFP

Boats 18 through 22

FFP

Each set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets.

FFP

Pre Delivery Inspection and Trial

FFP

For Boats 19 and 21

FFP

For Boats 18, 20 and 22

FFP

Boats 23 through 26

FFP

Each set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets.

FFP

Pre Delivery Inspection and Trial

OPTION Shipping, Williamsburg, VA

FFP

Boats 23-26

SECTION B NOTES

Note A: Optional items to which the option clause in 52.217-7 OPTION FOR INCREASED QUANTITY-- SEPARATELY PRICED LINE ITEM (MAR 1989) (NAVSEA VARIATION I) (SEP 2009) applies are marked as

(Option) and are to be supplied only if and to the extent said option is exercised. The Government is not obligated to order any or all of these items. Exercise of one option will not obligate the Government to the exercise of other options.

NOTE B: Provisional amounts are subject to adjustment under the clause of this contract entitled “PROVISIONED ITEMS ORDERS – ALTERNATE II” for supplies or other requirements ordered pursuant to said clause. The amounts shown are for planning purposes only. Amount in actual orders, if any orders are issued, will be individually priced. All orders hereunder are to be firm-fixed price.

Section C - Descriptions and Specifications

STATEMENT OF WORK

PART 1 – GENERAL STATEMENT OF WORK

PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

PART 3 – STATEMENT OF WORK, DESIGN, PRODUCTION AND DOCUMENTATION

PART 4 – STANDARD NAVSEA TEXT

C-1 PART 1 – GENERAL STATEMENT OF WORK

This Statement of Work (SOW) defines the effort required for the design, construction, testing, configuration control, documentation, and program management for the acquisition of Harbor Security Boats for the U.S. Navy and Foreign Military Sales customers, if options are exercised.

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

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

C-1.1 BACKGROUND

The mission of the Strategic Systems Programs (SSP) Harbor Security Boat (HSB) is to maintain security measures and provide response to meet emergent Force Protection requirements to U.S. Navy installations.

C-1.2 QUANTITIES

The firm fixed price contract with option years is for an estimated twenty-six (26) boats. The Government will award to a single offeror. A contract is planned to be awarded in FY21 for five (5) boats, with option quantities, if exercised, as follows: in FY22 for five (5) boats, in FY23 for two (2) boats, in FY25 for five (5) boats, in FY26 for five boats (5), and four (4) boats for FMS. The Government anticipates awarding a single contract through a low price technically acceptable source selection process.

C-1.3 DESIGN, MANAGEMENT AND PRODUCTION

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

C-2 PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

C-2.1 CLIN 1001 AND, IF EXERCISED, (OPTION) CLINS 2001, 3001, 4001, 5001 AND 6001 – SSP HARBOR

SECURITY BOAT

The Contractor shall construct the Harbor Security Boat in accordance with Section C-3 below and the SSP HSB Specification (Attachment 1). All boat-specific efforts shall be included in the pricing for CLINs 1001 including:

C-2.1.1 UID – The Contractor shall provide UIDs for each boat in accordance with Attachment 6.

C-2.1.2 Boat Spares – The Contractor shall provide initial spares for each boat in accordance with Attachment 3 and Section C-3 below.

C-2.1.3 Copy of Boat Specific Technical Data Package (TDP) – The contractor shall provide for each boat one

(1) hard copy and one (1) electronic copy (CD/DVD) of the Final TDP developed under CLIN 1009 specific to each boat.

C-2.1.4 Delivery in accordance with Section F.

C-2.2 IF EXERCISED, (OPTION) CLINS 1002, 2002, 3002, 4002, 5002, and 6002 PROPULSION SYSTEM

SET FOR SSP HARBOR SECURITY BOAT

If exercised, the Contractor shall provide boat sets of propulsion systems as spares. A boat propulsion set shall include two (2) engines (port and starboard) with break-in completed, as, required, including installed marine gear, two (2) propulsion shaft sets, and two (2) waterjet sets. CLIN 1002: One (1) set shall be delivered with the first boat (boat 1) to Silverdale, WA and one (1) set shall be delivered with boat 2 to Kings Bay, GA. CLIN 2002: two

(2) sets shall be delivered with boat 9 to Silverdale, WA and two (2) sets shall be delivered with boat 10 to Kings Bay, GA. CLIN 3002: One (1) set shall be delivered with boat 11 to Kings Bay, GA and one (1) set shall be delivered with boat 12 to Silverdale, WA. CLIN 4002: Two (2) sets shall be delivered with boat 13 to Silverdale WA and two (2) sets shall be delivered with delivery boat 14 to Kings Bay, GA. 5002: Two (2) sets shall be delivered with boat 21 to Silverdale, and two (2) sets shall be delivered with boat 22 to Kings Bay, GA. 6002:

Shall be delivered FOB Origin.

C-2.3 CLIN 1003, AND, IF EXERCISED, (OPTION) CLINS 2003, 4003, 5003 and 6003 –PRE-DELIVERY

INSPECTIONS AND TRIALS (PDIT)

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT), in accordance with Section C, Part 3 and the SSP HSB Specification (Attachment 1) Section 094. PDIT will be performed on boat 1, and if exercised, boat 6, boat 13, boat 18, and boat 23.

C-2.4 CLIN 1004 AND, IF EXERCISED, (OPTION) CLINS 2004, 3003, 4004 AND 5004- SHIPPING, SILVERDALE, WA

The Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with Section C, Part 3.

C-2.5 CLIN 1005 AND, IF EXERCISED, (OPTION) CLINS 2005, 3004, 4005 AND 5005 SHIPPING, KINGS

BAY, GA

The Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with Section C, Part 3.

C-2.6 CLIN 1006 AND, IF EXERCISED, (OPTION) CLIN 4006 – CREW FAMILIARIZATION, SILVERDALE, WA

The Contractor shall provide crew familiarization and Operator training for boat personnel. Crew familiarization shall include craft operations, main equipment operations and on-board maintenance. This shall include Contractor and/or OEM training. At a minimum training shall be two (2) days at End User‘s location for up to six

(6) students. The Contractor shall provide training materials in support of the training.

C-2.7 CLIN 1007 AND, IF EXERCISED, (OPTION) CLIN 4007 – CREW FAMILIARIZATION, KINGS BAY, GA

The Contractor shall provide crew familiarization and Operator training for boat personnel. Crew familiarization shall include craft operations, main equipment operations and on-board maintenance. This shall include Contractor and/or OEM training. At a minimum training shall be two (2) days at End User‘s location for up to six

(6) students. The Contractor shall provide training materials in support of the training.

C-2.8 CLIN 1008– TECHNICAL DATA PACKAGE NON-RECURRING ENGINEERING

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

C-2.9 (OPTION) CLIN 1009 – PROVISIONED ITEMS ORDERS (PIO) FMS REACTIVATION & TRAINING

OCONUS Boat Reactivation Provisioned Items Order (PIO): Potential does exist for foreign military sales under this contract. The Government may procure FMS boats and the in country reactivation will occur under this Item. Orders, if any, will be made and negotiated in accordance with the paragraph titled “PROVISIONED ITEMS ORDERED ALT II .” In the event that OCONUS reactivation is ordered, the Contractor shall be responsible for providing OCONUS reactivation as stated in the order. The contractor shall provide at least 10 personnel for in-country boat reactivation and crew familiarization for a period of five working days.

C-2.10 (OPTION) CLIN 1010– PROVISIONED ITEMS ORDERS (PIO) SPARES

If exercised, the Contractor shall provide spare and repair parts, special tools, test equipment, materials and related support not envisioned at the time of award, in accordance with the requirements herein and the clause entitled

“PROVISIONED ITEM ORDER – ALTERNATE II”

C-2.11 CLIN 1011, AND, IF EXERCISED (OPTION) CLIN 4008– ENGINE DIAGNOSTICS

The Contractor shall provide engine diagnostic laptops, software, and associated components in accordance with SSP HSB Specification (Attachment 1). The engine diagnostic software shall be shipped with boat 1 and boat 2. If exercised, additional engine diagnostic equipment shall be shipped with boats as indicated at time of option exercise.

C-2.12 (OPTION) CLIN 6004 SHIPPING, WILLIAMSBURG, VA

If exercised, the Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with Section C, Part 3.

C-3 PART 3 – STATEMENT OF WORK, DESIGN, PRODUCTION AND DOCUMENTATION

C-3.042-1 CONFERENCES AND REVIEWS

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

C-3.042-1.1 Post Award Conference: The Contractor shall conduct a PAC with the Government within thirty (30) days after contract award and subsequent delivery order awards, as needed. The conference will be held at the Contractor’s facility or by phone at the Government’s discretion. The purpose of the conference is to (1) review the contract and technical documents, (2) review the technical and schedule requirements, and (3) discuss the roles and working relationships between the Contractor and the Government.

C-3.042-1.2 Design Maturity Review (DMR): The Contractor shall schedule and host Government personnel for a DMR prior to construction of the first boat. The purpose of the DMR is to demonstrate that the design is sufficiently mature to start construction and review the build schedule. Any potential risk areas shall be identified and mitigation plans discussed. The Government should be satisfied that all requirements in the Specification (Attachment 1) have been incorporated into the design. The Government will notify the Contractor within seven

(7) days of the completion of the DMR whether or not the start of construction is authorized. The following shall be provided for the DMR:

Design, Production, and Delivery Schedule, Material and purchased parts status, including but not limited to:

• hull and deck materials,

• major equipment,

• long lead time items.

Preliminary Master Data Index

Preliminary construction drawings, including but not limited to:

• Outboard Arrangement Drawing

• Inboard Arrangement Drawing

• AC and DC Electrical One Line Drawings

• Hoisting Drawing

• Weapon Systems Arrangement Drawing

Technical Design Analyses required for approval prior to construction:

• Allocated Baseline Weight Estimate (ABWE)

• Stability

• Structural Analysis

• Electrical Load Analysis

• Tow Provision Design

• Bow Eye Design

• Cleat Design

• Hoisting System Design

• Weapon Foundation Design

Test Certification Test Plans required for approval prior to construction:

• Fuel Tank and Fuel System Pressure Test

Specification Review of Proposed Equipment

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

C-3.042-1.2 Progress Reviews: Progress Reviews shall be held at the Contractor’s discretion or by Government request, as needed to assess the production schedule. Reviews will be held at the Contractor’s facility or by phone and shall not interfere with continued progress or production of boats. Reviews shall not be used as approval to proceed in design or production, unless otherwise specified, and should be used only for informing the Government of process on production, builder questions, and impending risk to program.

C-3.042-2 CONFIGURATION MANAGEMENT

The contractor shall maintain Configuration Management of the SSP HSBs in accordance with Section C, Part 4 Clause C-243-H003 CONFIGURATION MANAGEMENT (NAVSEA)(JAN 2019).

C-3.042-3 WARRANTY

The Contractor will correct defects for the boat, trailer, and all installed equipment, for a minimum of one (1) year, and a minimm of two (2) years for the hull, starting from the date the boat is accepted at destination, in accordance with the warranty provided in Attachment 7, Commercial Warranty Terms.

C-3.042-4 PROGRAM MANAGEMENT

Roles and Responsibilities

C-3.042-4.1 The Contractor shall establish a project management structure that ensures overall quality of the boat components, consistent with their chosen engineering and manufacturing approach.

C-3.042-4.2 The Contractor shall designate a Project Manager (PM) to serve as the principal representative of the Contractor throughout the duration of contract performance. The PM shall be responsible for the performance of the contract and on-time delivery of technically compliant boats and associated equipment. At all times, the PM shall have the responsibility for ensuring program integrity and overall contract performance. The contractor shall ensure that administration, logistics, financial and other task requirements pertinent to contract performance are addressed.

C-3.042-4.3 The Contractor shall interface with the Government personnel in accordance with Section G, clause

C-3.042-5 INVOICES

The Contractor shall provide affidavits or invoices from the suppliers of all essential materials used in the construction of the boat. The affidavits or invoices shall be used together with records identifying the lot or serial numbers of the boat in which such materials were used.

C-3.080-1 SPARES

Initial and Follow-on Provisioned Items Order (PIO) Spares C-3.080-1.1 Boat (initial) Spares: The Contractor shall provide initial spares for each boat as outlined in the Spare Parts List (Attachment 3). Spares shall be of a range and depth to keep vessels running for up to a year.

Spares should include preventative maintenance consumables, high failure rate and known long-lead-time items.

First set of boat spares shall be delivered to each delivery location with an ISU 90 Standard Container. The spares provided for each boat shall match the propulsion configuration/OEM installed on the boat. Spares shall be managed as part of the configuration management process and the Contractor shall inform the Government of any necessary part number updates that will be required throughout the execution of this contract.

C-3.080-1.2 Spares Delivery: Unless otherwise specified, all spares shall be packaged and shipped securely with the boat. Packaging shall allow for spare components to not be damaged during shipping. Each package of spares shall be labeled with a Master Packing List (MPL), listing the contents of each package and cross-referenced to the Spare Parts List (Attachment 3).

C-3.080-1.3 Updates: The Contractor shall recommend updates to the contract spares list throughout the life-cycle of this contract.

C-3.080-1.4 Follow-on Spares: If ordered, the Contractor shall provide PIO spares in accordance with C-217-H003

PROVISIONED ITEMS ORDERS—ALTERNATE II.

C-3.080-2 PACKAGING

Packaging/Shrink wrap shall be used to protect the boat during delivery. Boat systems shall be protected from freezing temperatures. Batteries shall be disconnected with terminals taped. The bilge plug shall be removed and secured to the steering wheel. Packaging/shrink wrap materials shall be installed in a manner that enables removal and reinstallation to the maximum extent practicable to enable inspection at the delivery location without damage to the packaging materials.

C-3.080-3 DELIVERY

The Contractor shall deliver the boats to Silverdale, WA and Kings Bay, GA as defined in Section F of the basic contract. The Contractor shall deliver the FMS boats to the east coast stock point location (CAX) as defined in Section F. The Government will identify a delivery location for each boat as part of each delivery order. This will allow the Contractor to plan for production and shipping based upon the agreed final destination. If direct delivery to end user location is ordered, the boat shall be delivered fully assembled and operational.

C-3.080-4 UNIQUE ITEM IDENTIFICATION

The Contractor shall provide Unique Item Identification (UID) and Documentation for every boat in accordance with DFARS Clause 252.211-7003 and the requirements provided in the UID (Attachment 6).

C-3.080-5 ESSENTIAL CYBERSECURITY COMPONENT (ECSC) DATA COLLECTION

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

C.3.085-1 TECHNICAL DATA PACKAGE

C.3.085-1.1 General: The Contractor shall provide a copy of the Technical Data Package (TDP) with each boat in accordance with Section 085 of the Specification (Attachment 1). The costs (e.g. print, arrange, bind, etc.) to provide a copy of the TDP, including updating boat applicability and individual boat certifications, shall be included in the unit prices under the Boat CLIN 1001. Any TDP non-recurring engineering shall be proposed under CLIN 1008.

C.3.085-1.2 Format: Drawings shall be provided in hard copy, DWG/DXF format and PDF format. Boat technical manual and COTS manuals, instructions or cut sheets, certifications, analyses, master data index, and all other data shall be provided in hard copy and PDF format. Calculations shall be submitted in both their native electronic format and PDF format.

C.3.085-1.3 Data Security: Most of the data in the TDP is considered Controlled Unclassified Information (CUI) and therefore, the Contractor shall exchange data with the Government via a Government provided Integrated Digital Environment (IDE) or Government approved File Exchange Server utilizing appropriate Public Key Infrastructure/Information Assurance protocols.

C.3.085-1.4 Submittal: A complete preliminary TDP shall be submitted electronically to the TPOC forty-five

(45) days prior to pre-delivery inspection and trials (PDIT). The Government will provide comments and questions on the preliminary TDP. Early submittals are encouraged and will be reviewed as soon as practicable.

One hard copy of the TDP and one electronic copy of the TDP shall be provided at PDIT for additional Government review. Any additional TDP comments will be included in the PDIT Discrepancy List. The Contractor shall respond to the comments either by correction/incorporation or by providing Contractor responses (e.g. resolution plan, notification of boat correction, clarification questions, etc.) within 15 days of the PDITs.

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

C-3.085-2 DATA RIGHTS

C-3.085-2.1 It is the Government's desire that all non-commercial technical data (TD) included in the TDP (baseline or as modified by any Engineering Change Proposals) be delivered with a minimum of Government Purpose Rights (as defined in DFARS 252.227-7013 and 252.227-7014). If the Offeror proposes to deliver commercial TD, it is the Government’s desire to obtain a license to the commercial TD that would grant the Government the equivalent of Government Purpose Rights as a minimum. The Government’s overall goal is to have the ability to maintain and repair the vessel and its systems, to include providing that information to third parties for the purpose of developing and executing the required work expediently. The Government shall not use the technical data and/or the computer software to manufacture additional quantities of the boat. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 and 252.227-7014 as applicable.

C-3.085-2.2 The Contractor’s Data Rights assertions will be incorporated in the contract as Attachment 4.

C-3.085-2.3 End Use License Agreement Indemnification:

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

(1) Any such clause is unenforceable against the Government.

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

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

C-3.085-2.4 If the Contractor ceases doing business and/or cannot fulfill its obligations under this contract, the Government shall automatically be granted Government Purpose Rights to all existing data developed under this contract.

C-3.092-1 TEST CERTIFICATIONS

Test certification documentation for items in the Specification (Attachment 1) Section 092 shall be provided in electronic format (Adobe Acrobat PDF). All pull test plans shall be submitted to the Government TPOC and approved prior to testing. Testing results for the first boat shall be submitted a minimum of forty-five (45) days prior to PDIT start date to the Government TPOC. Testing results for each subsequent boat shall be submitted to the BIM no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.mishoe@navy.mil).

C-3.094-1 BUILDER’S TRIALS (BT)

Builder’s Trials (BT) shall be conducted in accordance with the Specification (Attachment 1) Section 094.

The Contractor shall perform and submit the first boat BT results in electronic format (PDF) a minimum of three

(3) business days prior to PDIT start date to the Government TPOC. BT results of each subsequent boat shall be submitted no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.mishoe@navy.mil).

C-3.094-2 PRE-DELIVERY INSPECTION AND TRIAL

C-3.094-2.1 General: The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on selected boats. These trials shall be conducted in accordance with the Specification (Attachment 1) Section 094.

C-3.094-2.2 Notification of Trials: The Contractor shall provide forty-five (45) days’ notice of date of PDIT, and it is recommended the Contractor schedule PDIT no later than three (3) weeks prior to the contracted delivery date to allow sufficient time for required evolutions (i.e. PDIT discrepancies corrections, shipping, and receipt at destination). Scheduling in this manner will ensure contracted delivery dates are met.

Notification of PDIT date(s) and agenda/test plan shall be provided to the Government APM.

C-3.094-2.3 Trials Readiness: If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in the Specification (Attachment 1) Section 094-2, the Builder may be held financially responsible for cost reimbursement of Government and/or Government representative's travel and labor associated with PDITs. The Contractor shall notify the Government of any PDIT delays no later than five (5) days before planned arrival. Written notice of PDIT delay shall be accompanied by a request of extension to the Contracting Officer and Program Office Point of Contact. If as a result a delayed PDIT or other delays resulting from this action the builder cannot meet the contractual delivery date, consideration for late delivery shall be required. FAR Clause 52.246-2(e) (1) will be exercised at Government’s discretion for potential Contractor liabilities if PDIT cannot be satisfactorily performed after arrival of the Government PDIT team on-site. A typical PDIT takes place over a single workweek.

C-3.094-2.4 Pre-Transport Inspection: The Government reserves the right to schedule and conduct a Pre-Transport Inspection. The Pre-Transport Inspection is intended to reduce the likelihood of major discrepancies at the post-delivery inspection.

C-3.094-2.5 Acceptance: Satisfactory inspection and verification, including TDP reviews (i.e. drawings, manuals, certifications, etc.), proper operation of the boat, and corrections of PDIT discrepancies are conditions for final acceptance of the boat by the Government. All PDIT discrepancies must be resolved/corrected by the Contractor prior to delivery. Any unresolved discrepancies may result in acceptance and/or payment delays.

C-3.094-2 PHOTOS

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

PART 4 – STANDARD NAVSEA TEXT

CLAUSES INCORPORATED BY FULL TEXT

C-202-H002 ADDITIONAL DEFINITIONS–ALTERNATE I (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(e) Supervisor of Shipbuilding or Supervisor – means the Contracting Officer or duly appointed representative.

(f) Wide Area Workflow (WAWF) – means PIEE, please note the WAWF website has migrated from https://wawf.eb.mil To: https://piee.eb.mil

(End of text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

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

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

(1) The support contractor not disclose any information;

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

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

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

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-211-H001 ACCESS TO THE VESSEL(S) (NAVSEA) (OCT 2018)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

C-211-H007 PROTECTION OF THE SHIP DURING ADVERSE ENVIRONMENTAL CONDITIONS (NAVSEA)

(MAR 2019)

The Contractor shall ensure that the ship(s), all related material and Government property at the Contractor's facilities are protected during conditions of heavy weather such as, high winds, heavy snow and ice, gales, storms, hurricanes and high water or similar adverse environmental conditions. The Contractor shall develop, maintain, and implement as necessary a Heavy Weather Plan in accordance with the NAVSEA Standard Item (SI) 009-69 dated 30 April 2018, which prescribes the actions and procedures and assigns responsibilities for action to be taken in preparation for and during the period of adverse environmental conditions. The Contractor shall furnish the plan to the cognizant Supervisor of Shipbuilding (Supervisor) and shall make such changes in the plan as the Supervisor considers necessary to provide for adequate protection of the ship(s), Government property and the materials and equipment to be installed therein.

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

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

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-211-H020 PROTECTION OF THE VESSEL (NAVSEA) (MAR 2019)

(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been off-loaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.

(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty-five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipe-lines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.

(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.

(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.

(End of Text)

C-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with the detailed obligations to which the Contractor committed itself in Proposal * dated * in response to Solicitation No. N00024-21-R-2295.

(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following "the specifications" in the order of precedence.

*To be completed at award

C-217-H003 PROVISIONED ITEMS ORDERS--ALTERNATE II (NAVSEA) (OCT 2018)

(a) General. The Contractor agrees that it will furnish the supplies or services ordered by the Government in accordance with the procedures specified herein. Orders may be placed by the Contracting Officer, Provisioning Activity or Administrative Contracting Officer as unilateral or bilateral modifications to this contract on SF 30, Amendment of Solicitation/Modification of Contract. Any amounts shown in Section B at time of award of the initial contract for each provisioned line item are estimated amounts only and are subject to upward or downward adjustment by the issuing activity. If no amounts are shown, funding will be obligated before or at time of order issuance. It is understood and agreed that the Government has no obligation under this contract to issue any orders hereunder.

(b) Priced Orders. For each proposed order, the Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly thereafter, the Contractor and the Contracting Officer shall negotiate the price and delivery schedule for the proposed order. Upon execution and receipt of the priced order, the Contractor shall promptly commence the work specified in the order.

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation on Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "Contract Definitization" (DFARS 252.2l7- 7027) shall be included in any undefinitized order.

(d) Unilateral Undefinitized Orders. (1) For a unilateral undefinitized order, the Contractor shall within ten calendar days of receipt of the order notify the Contracting Officer in writing if it takes exception to the ceiling amount and/or the delivery schedule and shall propose a revised ceiling amount and/or a revised delivery schedule at that time. For unilateral undefinitized orders to which the Contractor takes no exception, the Contractor is obligated to perform just as if it were a fully definitized order.

(2) After receipt of the Contractor's Proposal to establish the revised ceiling amount and/or the revised delivery schedule, the Contracting Officer shall: (1) adjust the ceiling amount and/or revise the delivery schedule; (2) advise the Contractor that the order will be adjusted in a different amount than proposed by the Contractor; or (3) advise the Contractor that no adjustment will be made. In the event the Contractor has taken exception to the ceiling amount and/or the delivery schedule and has submitted a timely proposal in accordance with the preceding requirement and the Contracting Officer has not accepted the Contractor's proposal, the Contractor shall not be obligated to perform the order beyond the point at which it would be entitled to be compensated in an amount in excess of the Government's limitation of liability contained in the unilateral order.

(e) Definitization of Undefinitized Orders. (l) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

(2) Each undefinitized order shall contain a schedule for definitization which shall include a target date for definitization and dates for submission of a qualifying proposal, beginning of negotiations and, if appropriate, submission of make-or-buy and subcontracting plans and cost or pricing data. Submission of a qualifying proposal in accordance with the definitization schedule is a material element of the order. The schedule shall provide for definitization of the order by the earlier of:

(i) a specified target date which is not more than l80 days after the issuance of the undefinitized order. However, that target date may be extended by the Contracting Officer for up to l80 days after the Contractor submits a qualifying proposal as defined in DFARS 2l7.740l; or

(ii) the date on which the amount of funds obligated by the Government under the undefinitized order exceed fifty percent (50%) of the order's maximum ceiling amount, except as provided in subparagraph (f)(3) below.

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart l5.4 and Part 3l of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "Limitation of Government Liability" clause (FAR 52.216-24).

(f) Limitation of Government Liability. (l) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order.