13-R-2205_HSMST_-_28_August_2013.doc

Section A - Solicitation/Contract Form

SECTION A - SOLICITATION/CONTRACT FORM

GENERAL INFORMATION

This Request for Proposal (RFP) is soliciting firm-fixed price proposals for commercially-available High Speed Maneuverable Surface Targets (HSMSTs) that have a proven commercial design in service within the commercial marketplace.

Offerors are requested to provide firm-fixed prices for craft meeting the requirements specified in this RFP. Instructions on information to be provided are included under Section L Instructions to Offerors.

The Government intends to award up to two (2) firm-fixed price contracts under this multiple awards Indefinite Delivery/Indefinite Quantity (IDIQ) contracts to the responsible Offeror(s) whose conforming proposals are determined to be the Best Value to the Government. The contracts will have a total ordering period of five years from the date of award. The total contract ceiling for the five year period is $50 million dollars each. The total estimated quantity under this IDIQ contract is 495 HSMSTs. The Government intends to issue two initial delivery orders at time of award to each to the awardees based on the requirements in Attachment 9 of the RFP. Any and all future delivery orders will be issued depend on operational need and availability of funds. See ordering instructions in Section H for details on future delivery order instructions.

All CLINs described herein shall be in accordance with the attached High Speed Maneuverable Surface Target (HSMST) Requirements Matrix.

Any contract awarded as a result of this RFP shall be subject to the terms and conditions of the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Navy-Marine Corps Acquisition Regulations (NMCARS) as applicable and shall be incorporated by reference in the contract.

The RFP requirements are outlined below and in the Attachments.

Section B - Supplies or Services and Prices

FFP

Each

The Contractor shall construct the High Speed Maneuverable Surface Target (HSMST) complete with standard craft equipment and configurations as specified by the Government per the HSMST Requirements Matrix.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002413NR53033

NET AMT

Each

HSMSTs and Spares will be shipped to either Port Hueneme, CA or/and NAWCAD Norfolk, VA as specified in each of the delivery orders. See Section F for specific delivery locations.

NET AMT

Each

This line covers all spares in attachment 1 for Items 083-01 through 083-06. Spare packages will be specified in each delivery order.

NET AMT

Each

The Contractor shall provide a shipping cradle as specified under Item No. 084-01 in the HSMST Requirements Matrix.

NET AMT

Each

The Contractor shall provide a trailer as specified under Item No. 084-02 in the HSMST Requirements Matrix.

NET AMT

Each

The Contractor shall perform Acceptance Trials (AT) for the first two (2) craft delivered under each Delivery Order. Description of services is provided in the HSMST Requirements Matrix 094-2 (Attachment 1) and in Section C 5.0.

FOB: Origin

NET AMT

Lot

The Contractor shall comply with the Unique Item Identification (UID) requirements for all items delivered under this contract. UID requirements are detailed in the UID Clause in Section I DFARs clause 252.211-7003, Item Identification and Valuation (June 2011)and Attachment 2.

NET AMT

Lot

This item is required only if it specified by the Government. It is not a standard equipment for the JP-5 Engine configurations. The Contractor shall provide and install fuel/water separators in each craft as specified under Item No. 261-05 in the HSMST Requirements Matrix.

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

CLAUSES INCORPORATED BY FULL TEXT

CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C - Descriptions and Specifications

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1: STATEMENT OF WORK

1.0 CONTRACTOR RESPONSIBILITY FOR DESIGN

The Contractor shall take into consideration existing U.S. Navy logistics support infrastructure in the selection of equipment for the craft.

In as much as the Contract Specifications and contract design are prepared and developed by the Contractor, the Contractor assumes the responsibility for the completeness, thoroughness and adequacy of the specifications for designing and building the High Speed Maneuverable Surface Targets (HSMSTs) and for their meeting the requirements of the Requirements Documentation. In the event there are any errors or omissions in the contract specifications, or in the accompanying information that affect the detailed design and construction of the craft, the Contractor shall correct such errors or omissions as a part of the contract work with no increase in contract price.

Furthermore, the Contractor shall be responsible for ensuring that the craft as delivered after construction shall comply with all the applicable laws of the United States and the requirements and standards of the various Regulatory Bodies and other organizations identified in the Requirements Documentation.

Any inquiries or comments made or not made by the Government in its evaluation of the Contractor’s specification and contract design upon which the contract is awarded are made for informational purposes and shall not relieve the Contractor of the responsibilities described above.

2.0 TECHNICAL DATA PACKAGE (TDP)

2.1 Scope. The Contractor shall provide a complete Technical Data Package (TDP) to include Construction Drawings and Associated Lists, Commercial Off-the-Shelf (COTS) Technical Manuals, and a Vendor Recommended Spares (VRS) List. The Technical Data Package shall include all information necessary for proper evaluation, acceptance, operations, support, maintenance, and repair of the craft as described below and in the attached HSMST Requirements Matrix (Attachment 1). All items composing the TDP shall match the as-built configuration of the craft. Final versions of all items composing the TDP shall incorporate all comments previously received from the Government.

2.2 Detailed Requirements. Detailed requirements shall be as follows:

2.2.1 Commercial Off-the-Shelf (COTS) Technical Manuals. The Contractor shall provide COTS operation and maintenance technical manuals and supplemental data (if required) for all equipment and components. The COTS Technical Manuals shall match the as-built configuration of the craft. The Contractor shall provide one (1) preliminary set of COTS manuals (in Adobe PDF format only) thirty (30) days prior to Acceptance Trials (AT). The Contractor shall provide one (1) set of COTS manuals at Acceptance Trials. The Contractor shall provide one (1) final set of COTS manuals with each craft delivery in both hard copy and in Adobe PDF format on CD or DVD. Concurrent with delivery of Craft No. 1, the Contractor shall also provide one (1) final set of COTS manuals in Adobe PDF format only, which shall be delivered to PEO Ships PMS325 (Program Office) on CD or DVD. COTS manuals shall be in sufficient depth for operation and maintenance of the equipment without the services of a manufacturer’s representative. Supplemental data shall be added and properly identified to overcome any technical manual deficiencies. The Contractor shall package these technical manuals and place them onboard the craft prior to delivery. The Contractor shall provide a listing of all technical manuals provided. Warranty cards and warranty information shall be included with the COTS technical manuals.

2.2.2 Construction Drawings and Associated Lists. The Contractor shall provide Construction Drawings and Associated Lists. These products shall provide all the design information necessary to enable a manufacturer of similar products to produce and maintain quality control of item(s) so that the resulting performance characteristics simulate those of the original design. The drawings shall include equipment and construction drawings of the end product and provide the necessary data to permit competitive acquisition of items identical to the original item(s) for the purposes of maintenance, repair, training, or other support.

Drawings shall document directly or reference the following: Details of unique processes when essential to design and manufacture; performance rating of equipment; dimensional data; tolerance input and output characteristics; diagrams; mechanical and electrical interfaces; details of material identification including protective coatings; requirements for reliability, maintainability, and environmental conditioning. As a minimum, drawings shall be provided to include the following:

(a) Lines and Offsets

(b) Stability

(c) General Arrangements Inboard/Outboard Profile

(d) General Arrangements Profile (FWD and AFT) Views

(e) General Arrangements Plan View

(f) Hull Structure

(g) Console Arrangement

(h) Towing Provisions

(i) Arch Detail

(j) Engine Rope/Crash Guard Detail

(k) Hoisting Arrangement

(l) Hoisting Component Load Calculations

(m) Lifting Eyes Detail

(n) Fuel Tank Detail

(o) Electronics Box Detail

(p) Steering System Arrangement

(q) Cradle Arrangement

(r) Electrical Schematics

(s) Electrical Loads Analysis

All necessary mechanical dimensions, electrical parameters, physical parameters and environmental conditions to define fabrication and interface requirements shall be included on the applicable drawings. Drawings shall include a parts list which shall include the quantity required, unit of measurement, name of manufacturer and manufacturer’s CAGE code, OEM part number, description, and material for each part. The material description shall include the size/dimensions, grade, and rating of the part as applicable.

Drawings shall identify scale and list principle dimensions. Drawings submitted as reproducible shall be of such clarity as to produce a fourth generation copy with 100% legibility. Reproducible digital format shall be submitted on CD or DVD in both AutoCAD (latest version) DWF format and Adobe PDF format.

The Contractor shall provide a set of completed draft drawings to the Government in digital formats thirty (30) days prior to Acceptance Trials (AT). The Contractor shall provide one (1) set of completed drawings in both digital formats and hard copy at Acceptance Trials. One (1) set of final drawings in both digital format and hard copy are due with each craft delivery. Concurrent with delivery of Craft No. 1, the Contractor shall also provide one (1) final set of drawings in digital formats only, which shall be delivered to the Program Office on CD or DVD. The Contractor shall provide a listing of all drawings provided which shall include a description of each drawing and its filename.

2.3 Rights in Technical Data: Non-commercial Technical Data and computer software: The Government desires at a minimum Government Purpose Rights (GPR) in non-commercial technical data (including drawings, manuals, etc. developed by the builder or their sub-contractor) and computer software to be delivered under the contract. Any other proprietary details of the boat/system design may be marked with Limited Rights Legend per DFARS 252.227-7013.

Commercial Technical Data: Under DFARS 252.227.7015 (c) Additional License Rights the Government desires, at a minimum, a special license agreement that provides the Government, in the commercial technical data and commercial computer software to be delivered under the contract by the contractor and the sub-contractors, the right to use, modify, reproduce, release, perform, display, or disclose the technical data developed by the builder and sub-contractors, and to permit others to do so, that are necessary for acceptance, operation/training, maintenance, repair, modification, and supply support for the delivered boat and trailer (where provided). The Government shall not use the technical data and/or the computer software to manufacture additional quantities of the commercial items.

The Government shall not release or disclose any commercial technical data, and computer software delivered under the contract unless A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at DFARS 227.7103-7; or B) the recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

Commercial Data Marking Requirements:

The contractor shall place the following legend on all technical data relating to commercial items and all commercial computer software that are identified to require Special License Rights under DFARS Clause 252.227-7015:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No._(Insert contract number)____, License No. (Insert license identifier)____. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

Instructions regarding use of certain software products (i.e. AutoCAD, Adobe PDF) herein shall not be construed as Government endorsement of specified products.

3.0 POST-AWARD REVIEW

The Government will conduct a Post-Award Review within forty-five (45) days after contract award, at the Government’s discretion. The Government will provide an agenda fifteen (15) days prior to the Review. The Review will be held at the Contractor’s facility, at an alternate location, or by phone at the Government’s discretion. The Contractor shall have the cognizant project manager, chief engineer or chief naval architect, and production manager present at the Post-Award Review. Topics will include, but not be limited to, documentation review, discussion of the Contractor’s understanding of the technical requirements, and schedule considerations. In conjunction with the Post-Award Review, an Integrated Logistics Support meeting will be held to review and discuss the integrated logistics support requirements of the contract.

4.0 APPEARANCE OF CRAFT WHEN DELIVERED

The High Speed Maneuverable Surface Targets (HSMSTs) shall be delivered at destination with all items such as; equipment, accessories, controls, bulkheads, decks, bolster seats, windshields, spare parts, etc., displaying an obvious appearance of being new and unused. The craft shall be free of dirt and debris associated with construction and transit to destination. The craft when delivered to the required destination shall, in addition to the above, also display the highest level of cleanliness such that all areas of the craft can be immediately put to use for their intended purpose.

5.0 TRIALS

The Contractor shall perform the following trials:

1. Builder’s Trials (BT)

2. Acceptance Trials (AT)

Builder’s Trials (BT) – The Contractor shall perform BT on all craft to be delivered under the contract. BT shall demonstrate the successful operation of all craft equipment and systems, that the craft is seaworthy, and that the craft is ready for Acceptance Trials (AT). The Contractor shall send the BT report to the Government within seven (7) days following completion of BT. The Contractor shall also make the BT trials report for Craft No. 1 and Craft No. 2 available to the Government at AT. Successful completion of BT on Craft No. 1 and Craft No. 2 is a prerequisite to AT.

Acceptance Trials (AT) for Craft No. 1 and Craft No. 2 Only – Prior to delivery, the Contractor shall conduct Acceptance Trials (AT) on Craft No. 1 and Craft No. 2 to ensure the craft are complete, meet contract requirements, and are in all respects ready for service. Completeness shall be determined and agreed upon by both the Contractor and the Government. ATs shall be conducted by the Contractor and shall be witnessed by Government representatives, who will include PMS325 (Program Office) representatives and may include representatives from the operating activity (end users).

The Contractor is responsible for conducting BT and AT and shall provide all the necessary materials, fuel, fluids, power, tools, equipment, instrumentation, and qualified personnel to safely operate the craft and to conduct the trial test, inspection and demonstration. Unless otherwise authorized by the Government, AT tests, inspections and demonstrations shall be performed in the presence of the Government or Government Representatives.

AT shall be performed with the craft at the full load draft and trim condition. Unless otherwise specified, the performance aspect of the trials shall be conducted beginning with a fuel load of not less than 50%. Airborne noise and vibration surveys shall be performed during BT and AT for the craft. All noise and vibration surveys shall be performed with the engines at Maximum Continuous Rating and all equipment in normal operation.

The Contractor shall schedule AT as agreed to by the Government to accommodate the schedule of the Program Office (PMS325). The Contractor shall provide notification of the proposed date for AT thirty (30) days prior to the proposed AT date. To meet contract delivery dates, it is recommended that the Contractor schedule AT no later than four (4) weeks prior to the contract delivery date to allow sufficient time for required evolutions (i.e. AT discrepancies corrections, shipping, and receipt at destination). See Section C Item Descriptions for potential Contractor liabilities if the Contractor cannot satisfactorily conduct AT after arrival of the Government AT team at the Contractor’s facility.

Concurrent with the notification of the proposed date for AT, the Contractor shall provide a copy of the preliminary AT agenda/test plan. Final AT agenda/test plan incorporating all prior comments received from the Government shall be provided to the Government fourteen (14) days prior to AT. The AT agenda/test plan shall include detailed operational procedures to be used for checking and verifying satisfactory operation of all installed craft systems. Detailed test operational procedures shall include data to be recorded or verified and pass/fail criteria as applicable. The Government reserves the right to approve or disapprove the AT agenda. Government approval of the AT agenda/test plan is a prerequisite to AT.

Notification of proposed AT dates and agenda/test plan shall be sent to the following PMS325 contacts:

Dan Shimooka, Tel: 202-781-5028, E-mail: daniel.shimooka@navy.mil

H.E. Wolff Jr, Tel: 202-781-0949, E-mail: rick.wolff@navy.mil

Satisfactory completion of AT and resolution of any resulting discrepancies (including corrections to drawings, and other technical data) will be a condition for acceptance of the craft by the Government. Any unresolved discrepancies may result in acceptance and/or payment delays. The Contractor shall provide copies of the completed AT agenda/test plan and AT report to the Government within 7 days following AT. After completion of AT and before delivery of the craft, the Contractor shall resolve all craft discrepancies to the satisfaction of the Government.

6.0 SUBMITTAL OF DOCUMENTATION

The Contractor shall submit all technical documentation, certifications, drawings, lists, agendas, reports and all other requested data and information as follows:

Section C

Subsection No.

1333 ISAAC HULL AVE SE STOP 2501

WASHINGTON NAVY YARD, DC 20376-2501

Dan Shimooka daniel.shimooka@navy.mil

H.E. Wolff Jr.

rick.wolff@navy.mil

7.0 GOVERNMENT FURNISHED EQUIPMENT (GFE)

This procurement involves the installation of GFE. GFE will be installed in accordance with this solicitation and Attachment 1 (HSMST Requirements Matrix). The list of GFE and dates to be delivered are included in Attachment 3. Contractors may propose alternate delivery dates for specific GFE items in Attachment 3 to accommodate build schedule.

8.0 ORDER OF PRECEDENCE

Any inconsistencies in this RFP or any resulting Delivery Order shall be resolved by giving precedence per FAR Clause 52.215-8 Order of Precedence-Uniform Contract Format in Section I.

The Contractor shall notify the Government of any inconsistency in a resulting Delivery Order promptly upon discovering the inconsistency.

PART 2: CLAUSES

C-1 REQUEST FOR DEVIATIONS AND WAIVERS

In the event that a baseline design related requirement or a performance requirement cannot be met, and a change to the baseline design requirement or performance requirement is inappropriate, the Contractor shall prepare a request for deviation (RFD) or waiver (RFW).

RFDs/RFWs describe proposed departures from configuration documentation. The request for deviation shall provide detailed justification and consequences of approval, to include technical details explaining the degree of non-compliance or effect on craft equipment or system operation constraints. The request for waiver shall document an “As-Built” configuration that departs from baseline documentation and should include any proposed corrections or modifications to better meet the intent of the baseline document. RFDs/RFWs shall contain the following information: submittal date; originator name and address; designation for deviation/waiver including deviation/waiver number, deviation/waiver title, model/type, CAGE code, and system designation; need for deviation/waiver; description of deviation/waiver; specification/test plan affected; drawings affected; contract number and line item; procuring contracting officer; effect on cost/price/delivery schedule; class applicability; recurring deviation/waiver; and an authorized signature. If any of this information is not applicable, so state.

C-2 DISCHARGE OF LIENS AND ENCUMBRANCES AND WARRANTY OF TITLE

(a) The Contractor shall immediately discharge or cause to be discharged any lien or right in rem of any kind, other than in favor of the Government, which at any time exists or arises with respect to the craft, the machinery, fittings, equipment, furnishings, or materials for the craft. If any such lien or right in rem is not immediately discharged, the Government may discharge or cause to be discharged said lien or right in rem, at the expense of the Contractor.

(b) Upon acceptance of the craft by the Government, the Contractor warrants clear and unencumbered title to the craft. Furthermore, the Contractor indemnifies and holds harmless the Government against any and all (1) liens and claims of ownership against the craft, and (2) liens, claims, encumbrances, and claims or rights in rem, against the craft, including claims for personal injury and property damage, maritime liens, mechanics liens, and tax liens, which arose prior to acceptance of the craft by the Government, or which are based on events which occurred prior to acceptance of the craft by the Government. If any lien, claim, or encumbrance resulting from, or arising out of, any event which occurred prior to acceptance of the craft, is brought against the craft or against the Government, the Contractor will be responsible for resolution of such claim, lien, or encumbrance, and in no event will the craft or the Government be responsible for resolving the claim, lien, or encumbrance, or for compensating any person or entity for the claim, lien, or encumbrance. If such claim, lien, or encumbrance is brought against the craft or against the Government, the Contractor hereby agrees to take all necessary steps to resolve the claim, lien, or encumbrance without impact to the craft or the Government. The warranty and indemnification under this clause survive the close-out of the contract.

This clause shall not be construed to abrogate or diminish any of the Government’s title-vesting rights under the “Contract Financing Payment” or the “Progress Payments” clause of the contract.

C-3 NO SUBSTITUTION OF OUTFITTING AND EQUIPMENT

All equipment, outfitting, and furnishings, etc . . ., must be specified in the Contractor’s offer in accordance with the requirements of the RFP. Items of equipment, outfitting, and furnishing cannot be substituted for proposed items after award without Government approval (generally through a contract modification). In accordance with the Contract Schedule, the Contractor’s offer including the Contractor’s proposed contract specification and proposed contract drawings, will become part of any resulting contract.

CLAUSES INCORPORATED BY FULL TEXT

C-4 CONTRACTOR PROBLEM IDENTIFICATION REPORTS (NAVSEA) (MAY 1993)

(a) Contract Problem Identification Reports (CPIRs) shall be used by the Contractor for the purpose of alerting the Government to actual or potential contract problems and of establishing an early dialogue between the Contractor and the Government with regard thereto.

(b) A "contract problem" is a fact or circumstance of which the Contractor is aware that does, will or reasonably is anticipated to (1) have a significant or substantial impact on the delivery schedule or completion of contract performance or the cost of performance of the contract (increase or decrease) or (2) requires modification to the contract or specification(s). The terms "significant" and "substantial" shall be interpreted in the same manner as they would be interpreted by a reasonably prudent business person under the relevant circumstances.

(c) The Contractor shall report each contract problem promptly and in no event later than ten (10) calendar days, after the Contractor identifies such contract problem. A written CPIR shall be transmitted via the Administrating Contracting Officer (ACO) to the Procuring Contracting Officer and to the cognizant technical code. Each CPIR shall be entitled "Contract Problem Identification Report", shall be dated, numbered sequentially and shall set forth the following based on the best and most complete information then known or available to the Contractor:

(1) The nature of the contract problem;

(2) The date on which the contract problem arose and the date on which the contract problem was identified as such;

(3) The anticipated direct and consequential effects of the contract problem upon the delivery schedule or completion of contract performance or the cost of performance of the contract;

(4) Identification of the supplies and/or services which are or may be affected; and

(5) The Contractor's recommended solution to the reported contract problem.

(d) Follow up status reports of each contract problem, identified by the original CPIR number, shall be furnished monthly or more frequently as required by the Contracting Officer. A final follow up report shall be furnished immediately following resolution of each contract problem.

(e) CPIRs shall not be submitted when notice of the same contract problem is required to be furnished to the Government pursuant to any other requirement of this contract. The submission of a CPIR, however, does not relieve the Contractor of its obligations to provide notice required under any other requirement of this contract.

C-5 NOTICE OF ACCESS TO TECHNICAL DATA

It is agreed and understood that in signing a delivery order, the Contractor acknowledges that they have in their possession, or have access to, all the technical data needed to build, outfit and deliver all the products and services required for this delivery order. The term “technical data” as used in this clause means “technical data” as defined in DFARS 252.227-7013 and 252.227-7015, and includes items such as, but not limited to, drawings, sketches, specifications, wiring diagrams, process descriptions, manufacturing procedures, etc. Accordingly, the Contractor is not relying on any Government Furnished Information to complete the requirements of this delivery order.

CLAUSES INCORPORATED BY FULL TEXT

CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal [filled in at time of award] dated in response to NAVSEA Solicitation No. N00024-13-R-2205.

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

CLAUSES INCORPORATED BY FULL TEXT

DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR SHIPBUILDING (AT) (NAVSEA) (JAN 1990)

Attention of the Contractor is directed to Public Law 91 596, approved December 29, 1970 (84 Stat. 1590, 29 USC 655) known as the "OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970" and to the "OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT" promulgated thereunder by the Secretary of Labor (29 CFR. 1910 and 1915). These regulations apply to all shipbuilding and related work, as defined in the regulations. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.

CLAUSES INCORPORATED BY FULL TEXT

EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (NOV 1996)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software. Acceptance of the standard commercial warranty does not waive the Government’s rights under the “Inspection” clause, nor does it limit the Government’s rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

CLAUSES INCORPORATED BY FULL TEXT

PERMITS AND RESPONSIBILITIES (NAVSEA) (SEP 1990)

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

CLAUSES INCORPORATED BY FULL TEXT

UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)PRIVATE

If, during the performance of this or any other contract, the contractor believes that any contract contains outdated or different versions of any specifications or standards, the contractor may request that all of its contracts be updated to include the current version of the applicable specification or standard. Updating shall 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 by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

CLAUSES INCORPORATED BY FULL TEXT

USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2004)PRIVATE

(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 are free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, E Business Division 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.

Section D - Packaging and Marking

SECTION D - Packaging and Marking The Contractor shall be responsible for marking the craft with the Navy hull registration number in accordance with Navy Ships Technical Manual (NSTM) Chapter 583 for noncombatant craft. The hull number will be provided by PEO SHIPS PMS325, Dan Shimooka (202-781-5028 or e-mail daniel.shimooka@navy.mil) or H.E. Wolff Jr. (202-781-0949 or e-mail rick.wolff@navy.mil). Contractor shall be responsible for the condition of all deliverables until receipt inspection and final acceptance at destination by a U.S. Government representative is completed.

The Contractor shall mark spare parts with the contract number, manufacturer’s (OEM) part number, and the part description as listed in the contract. Master cartons shall be marked with the quantity of units contained within, in addition to being marked with the same information as on the individual units.

CLAUSES INCORPORATED BY FULL TEXT

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.PRIVATE

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.

CLAUSES INCORPORATED BY FULL TEXT

Item(s) 1001-1008 - The supplies furnished hereunder shall be packaged in accordance with best commercial practice.PRIVATE

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WARRANTY NOTIFICATION FOR ITEM(S) 1001-1008 - (NAVSEA) (NOV 1996)PRIVATE

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT N00024-

__________________ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS

AND BE FREE FROM DEFECTS IN MATERIAL AND

WORKMANSHIP FOR ________________ FROM

DATE OF ACCEPTANCE. IF ITEM IS DEFECTIVE

NOTIFY _________________________ AND PCO.

Section E - Inspection and Acceptance section e - Receipt Inspection and Final Acceptance Receipt inspection and final acceptance to be performed as described below. The contractor’s “Delivery Ticket” or “Bill of Lading” shall be used as confirmation of delivery and receipt by the Government. Each delivery order specifies the delivery locations.

West Coast Deliveries:

NAWCWD SURFACE TARGETS (CODE 539300E)

BLDG 465, STETHAM RD

CBC BASE

PORT HUENEME, CA 93043

Tim Colavito

NAWCWD Surface Targets

Tel : 805-982-2304 timothy.colavito@navy.mil or

David Purdy

NAWCWD Surface Targets

Tel : 805-982-2101 david.purdy@navy.mil or

Other authorized NAVSEA representative

NAWCWD Surface Targets

Tel : 805-982-2304 timothy.colavito@navy.mil or

David Purdy

NAWCWD Surface Targets

Tel : 805-982-2101 david.purdy@navy.mil or

Other authorized NAVSEA representative

Acceptance of delivery at NAWCWD Port Hueneme is performed by Tim Colavito (805-982-2304, timothy.colavito@navy.mil), David Purdy (805-982-2101, david.purdy@navy.mil) or other authorized NAVSEA representative.

East Coast Deliveries:

NAVAIR ATMO DET NORFOLK

1224 POCAHONTAS ST BLDG V-88

NORFOLK, VA 23511

Dan Shimooka

PEO Ships PMS325

Tel : 202-781-5028 daniel.shimooka@navy.mil or

Gretchen Word

NAVAIR ATMO Det Norfolk

Tel : 757-444-8494 gretchen.word.ctr@navy.mil or

Other authorized NAVSEA representative

PEO Ships PMS325

Tel : 202-781-5028 daniel.shimooka@navy.mil or

Gretchen Word

NAVAIR ATMO Det Norfolk

Tel : 757-444-8494 gretchen.word.ctr@navy.mil or

Other authorized NAVSEA representative

Acceptance of delivery at NAVAIR ATMO Detachment Norfolk is performed by Dan Shimooka (202-781-5028, daniel.shimooka@navy.mil), Gretchen Word (757-444-8494, gretchen.word.ctr@navy.mil) or other authorized NAVSEA representative.

Upon receipt, an acceptance inspection is performed and the Contractor is notified of any discrepancies in a Post-Delivery Inspection Report (PDIR) typically within 7 days of receipt (i.e., exclusive of Federal holidays). The Contractor shall document correction or plan of action for resolution of discrepancies in response to the PDIR. Final acceptance is dependent upon delivery in accordance with Section F, acceptance inspection, and Post-Delivery discrepancy resolution notification (i.e., correction or acceptable plan of action).

GUARANTY

Definitions. As used in this clause -

1.

The term “craft” as used herein means the entire vessel including all subassemblies, components, accessories, and spare parts even when such subassemblies, components, accessories, or spare parts are packaged separately or accepted at a different time from the vessel hull.

2.

The term "defects" as used herein includes any and all defects, deficiencies, deteriorations, and failures in the craft or its components or accessories.

3.

The term "accepted" or “acceptance” as used herein means the execution of the Acceptance Block and signing of a DD Form 250 by an authorized Government representative at destination, which action will begin the guaranty period.

(a) Scope and Coverage Period: The Contractor guarantees that the craft accepted by the Government shall be free from defects in design, material or workmanship and shall also guarantee that the craft conforms to the contract requirements. The guaranty period for each craft shall begin at the time of Government acceptance and end twelve (12) months after acceptance of the craft, unless extended as provided in paragraph (c) below.

(b) Government Furnished Equipment: With respect to Government-Furnished Equipment (GFE), the Contractor’s guaranty shall extend only to the proper installation of the GFE, unless the Contractor performs some modification or other work on the GFE, in which case the Contractor’s guaranty shall extend to the modification or other work.

(c) Extension of Guaranty Period: The guaranty period for each craft shall be extended by the time during which such craft is not available for unrestricted service by reason of any defects for which the Contracting Officer shall determine the Contractor to be responsible. During said period the craft, after being fully equipped and in all respects complete and ready for service, may be finally tried by and at the expense of the Government.

(d) Remedies and Responsibilities: The Government will notify the Contractor of any defects or requirement nonconformities that are discovered within the Guaranty period. Whenever practicable, the Government will, in addition to giving the Contractor notice of any defect or nonconformance, afford the Contractor an opportunity to examine the defective supplies before they are replaced or corrected. If the Government so requires, within a reasonable time after such notice the Contractor shall expeditiously proceed to correct or replace the defective or nonconforming item or component thereof. The Contractor shall provide all labor required to replace the defective item unless the Government estimates that the required labor will be less than thirty (30) minutes total per craft and that the replacement procedure can be accomplished on site by an average person with no special tools or equipment and no special technical knowledge or expertise. When the correction or replacement requires transportation of the item or component, the Contractor shall bear all normal commercial costs for shipping to and from the point of correction or replacement. The Government will bear any extraordinary costs of shipping above the normal commercial cost. The Contractor shall be liable for the reasonable costs of disassembly and/or reassembly of larger items when it is necessary to remove the components to be inspected and/or returned for correction or replacement. After acceptance of the replaced or corrected items, the Guaranty period for the replaced or corrected items shall remain in effect for twelve (12) months unless a longer guaranty period is specified. If the defective item or component is covered under warranty by the Original Equipment Manufacturer (OEM), the Contractor may provide the replacement item or component directly from the OEM, but the Contractor shall facilitate the shipping and installation of the replacement item or component. In the event that the OEM fails to provide the replacement item or component, the Contractor shall provide and install an equivalent replacement item or component. If the Government does not require the Contractor to correct or replace the defective or nonconforming item, the Contractor shall repay such portion of the contract price of the item as is equitable, given the circumstances, after being notified within a reasonable time of the defect or nonconformance.

(e) Technical Data Revisions: The Contractor shall also prepare and furnish to the Government reports and updated technical data applicable to any correction required (including revision and updating of all affected construction drawings and associated lists, COTS technical manuals, VRS listing, and certificates) at no increase in the contract price.

(f) Exclusions: The guaranty does not cover expected failures of routine maintenance items such as fluids, filters, or anodes which have originally designed service lives that are shorter in duration than the guaranty period specified in paragraph (a) above. The guaranty does not cover damage caused by natural disasters or damage caused by the user from intentional abuse, gross negligence, or use of the vessel beyond the original design parameters.

(g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights otherwise afforded to the Government under the contract.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

52.246-2 INSPECTION OF SUPPLIES--FIXED PRICE (AUG 1996) (DEVIATION)PRIVATE

(a) Definition. "Supplies," as used in this clause, includes but is not limited to the vessel(s), raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain, prior to and at all times during manufacture, an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract nor impose any liability on the Government therefor.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before final acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises, provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right, in accordance with this clause and other clauses of this contract, including the clause entitled "DELIVERY OF COMPLETED VESSEL," either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions. Supplies rejected prior to preliminary acceptance as not conforming to this contract, and any Contractor responsible defects discovered during the guaranty period, in accordance with the clause entitled "GUARANTY PERIOD," shall, at the election of the Government be replaced or corrected either by the Government or by the Contractor. The Government will, whenever practicable, afford the Contractor an opportunity to examine the nonconforming or defective supplies before they are replaced or corrected. If the Government elects to effect replacement or correction by the Government, the Government shall equitably reduce the contract price.

(g) The Contractor shall remove supplies rejected or required to be corrected by the Contractor. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor, subject to the provisions of paragraph (i) below.