N00024-13-R-2215_Request_for_Proposals.doc

Section B - Supplies or Services and Prices

11m SSC: Open Center Console

FFP

The contractor shall construct the 11M SSC boat(s) in the open center console configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

FOB: Destination

PURCHASE REQUEST NUMBER: N0002413NR53059

MAX

NET AMT

11M SSC: Enclosed Cabin

The contractor shall construct the 11M SSC boat(s) in the enclosed cabin configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

Evinrude Engines with Spares

The contractor shall procure and install a pair of the specified Evinrude engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Evinrude engines.

MAX

Suzuki Engines with Spares

The contractor shall procure and install a pair of the specified Suzuki engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Suzuki engines.

MAX

Open Center Console Spares

The Contractor shall deliver a set of initial spare parts based upon the Open Center Console 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

Enclosed Cabin Spares

The Contractor shall deliver a set of initial spare parts based upon the Enclosed Cabin 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

Hoist Sling

The contractor shall build and deliver their specified hoist sling which is certified to meet the requirements in the NSW 11M Specification for the 11M SSC open console and enclosed cabin configurations.

MAX

Evinrude Engine Diagnosis Computer

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Evinrude engines

MAX

Suzuki Engine Diagnosis Computer

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Suzuki engines

MAX

Pre Delivery Inspection and Trials

The contractor shall coordinate Pre Delivery Inspections and Trials with Government personnel to evaluate the compliance of the produced boat(s) compared to the contract specifications. The contractor shall then resolve any identified non-compliance issues with the boat(s) prior to delivery to the Government

FOB: Origin

MAX

11M SSC and Spare Parts Shipping

The contractor shall ship and deliver the 11M SSC to the destination specified in Section F. Spare parts and items not integrated into the SSC shall be shipped separately to the same location either in protective packaging with the boat or separate shipping.

MAX

Contract Data Requirements Line

The Contractor shall develop and deliver programmatic and technical data as specified in the CDRL attachment 2 (Section J).

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the open center console configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the enclosed cabin configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall procure and install a pair of the specified Evinrude engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Evinrude engines.

MAX

FFP

The contractor shall procure and install a pair of the specified Suzuki engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Suzuki engines.

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Open Center Console 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Enclosed Cabin 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The contractor shall build and deliver their specified hoist sling which is certified to meet the requirements in the NSW 11M Specification for the 11M SSC open console and enclosed cabin configurations.

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Evinrude engines

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Suzuki engines

MAX

FFP

The contractor shall coordinate Pre Delivery Inspections and Trials with Government personnel to evaluate the compliance of the produced boat(s) compared to the contract specifications. The contractor shall then resolve any identified non-compliance issues with the boat(s) prior to delivery to the Government

MAX

FFP

The contractor shall ship and deliver the 11M SSC to the destination specified in Section F. Spare parts and items not integrated into the SSC shall be shipped separately to the same location either in protective packaging with the boat or separate shipping.

MAX

FFP

The Contractor shall develop and deliver programmatic and technical data as specified in the CDRL attachment 2 (Section J).

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the open center console configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the enclosed cabin configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

he contractor shall procure and install a pair of the specified Evinrude engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Evinrude engines.

MAX

FFP

The contractor shall procure and install a pair of the specified Suzuki engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Suzuki engines.

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Open Center Console 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Enclosed Cabin 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The contractor shall build and deliver their specified hoist sling which is certified to meet the requirements in the NSW 11M Specification for the 11M SSC open console and enclosed cabin configurations.

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Evinrude engines

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Suzuki engines

MAX

FFP

The contractor shall coordinate Pre Delivery Inspections and Trials with Government personnel to evaluate the compliance of the produced boat(s) compared to the contract specifications. The contractor shall then resolve any identified non-compliance issues with the boat(s) prior to delivery to the Government

MAX

FFP

The contractor shall ship and deliver the 11M SSC to the destination specified in Section F. Spare parts and items not integrated into the SSC shall be shipped separately to the same location either in protective packaging with the boat or separate shipping.

MAX

FFP

The Contractor shall develop and deliver programmatic and technical data as specified in the CDRL attachment 2 (Section J).

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the open center console configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the enclosed cabin configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall procure and install a pair of the specified Evinrude engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Evinrude engines.

MAX

FFP

The contractor shall procure and install a pair of the specified Suzuki engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Suzuki engines.

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Open Center Console 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Enclosed Cabin 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The contractor shall build and deliver their specified hoist sling which is certified to meet the requirements in the NSW 11M Specification for the 11M SSC open console and enclosed cabin configurations.

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Evinrude engines

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Suzuki engines

MAX

FFP

The contractor shall coordinate Pre Delivery Inspections and Trials with Government personnel to evaluate the compliance of the produced boat(s) compared to the contract specifications. The contractor shall then resolve any identified non-compliance issues with the boat(s) prior to delivery to the Government

MAX

FFP

The contractor shall ship and deliver the 11M SSC to the destination specified in Section F. Spare parts and items not integrated into the SSC shall be shipped separately to the same location either in protective packaging with the boat or separate shipping.

MAX

FFP

The Contractor shall develop and deliver programmatic and technical data as specified in the CDRL attachment 2 (Section J).

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the open center console configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall construct the 11M SSC boat(s) in the enclosed cabin configuration as defined in Section C of this contract and the NSW 11M SSC Specification. The SSC shall include the boat, trailer, and ancillary equipage as defined within this contract. The engines type shall be installed based upon associated engine CLIN

MAX

FFP

The contractor shall procure and install a pair of the specified Evinrude engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Evinrude engines.

MAX

FFP

The contractor shall procure and install a pair of the specified Suzuki engines as defined in section 236 of the NSW 11M SSC Specification onto the awarded open center console or enclosed cabin boat(s). The contractor shall also procure a set of spare parts as defined in Attachment 4 (Section J) to support maintenance of the Suzuki engines.

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Open Center Console 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The Contractor shall deliver a set of initial spare parts based upon the Enclosed Cabin 11M SSC configuration, excluding engine spare parts, as defined in Attachment 4 (Section J).

MAX

FFP

The contractor shall build and deliver their specified hoist sling which is certified to meet the requirements in the NSW 11M Specification for the 11M SSC open console and enclosed cabin configurations.

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Evinrude engines

MAX

FFP

The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of Suzuki engines

MAX

FFP

The contractor shall coordinate Pre Delivery Inspections and Trials with Government personnel to evaluate the compliance of the produced boat(s) compared to the contract specifications. The contractor shall then resolve any identified non-compliance issues with the boat(s) prior to delivery to the Government

MAX

FFP

The contractor shall ship and deliver the 11M SSC to the destination specified in Section F. Spare parts and items not integrated into the SSC shall be shipped separately to the same location either in protective packaging with the boat or separate shipping.

MAX

FFP

The Contractor shall develop and deliver programmatic and technical data as specified in the CDRL attachment 2 (Section J).

MAX

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

STATEMENT OF WORK

Naval Special Warfare 11M Surface Support Craft Statement of Work 1 Introduction

1.1 Scope

This statement of work (SOW) is a procurement of up to thirty-six (36) 11 meter (M) craft in support of Naval Special Warfare (NSW) Surface Support Craft (SSC). This will be an indefinite delivery / indefinite quantity (IDIQ) contract with a base year and four subsequent option years to procure boats, trailers, equipage, initial spares, technical data, and any other associated end items. The contractor will be responsible for following their standardized manufacturing processes to procure, develop, test, and deliver final end items to the Government. This SOW outlines the specific responsibilities and deliverables of this contract.

1.2 Background

The NSW Command is in the process of replacing its fleet of SSC 11m boats. The SSC operate from inshore littorals to blue-water, over the horizon locations, in and up to moderate sea states, in widely diverse climatic conditions (tropical to arctic). They provide over-watch and coverage for the diverse NSW waterborne operations, such as: transit for at sea personnel, water parachute jump, diving, surface swimmer support, medical evacuation and command, control, communications, computers, and intelligence duties. The SSC also provide support for all NSW garrison locations, and allow NSW to certify units for deployment in support of Navy and COMNAVSPECWARCOM requirements. The replacement boats are desired to provide comparable to enhanced performance of current capabilities while focusing on commonality to maintain reduction in Total Ownership Costs (TOC).

2 Applicable Documents

2.1 Department of Defense Specifications

Table 1: DoD Specifications

2.2 Department of Defense Standards

Table 2: DoD Standards

N/A

2.3 Non-Government standards and other publication

Table 3: Non-Government standards and publications

N/A

3 NSW SSC Requirements

The NSW SSC shall be provided as an integrated system, consisting of craft, trailer, initial spares, technical data, and ancillary equipment (e.g. radios), required to accomplish its primary mission. The contractor shall provide overall program management, comprehensive engineering, testing and ancillary services, as well as all materials, facilities, and manufacturing capability required to accomplish delivery of the NSW 11m SSC. The contractor shall ensure that stated performance capabilities and contractual requirements, as defined in attachment 1 the “NSW SSC 11m Specification,” are tracked and implemented throughout the execution of this contract. Government acceptance testing (i.e., Pre Delivery Inspection and Trials, performance elements, and certifications) will also be accomplished at the discretion of the government. The scope of this requirement also includes delivery of technical data package, initial spare parts, hoist slings, and engine diagnosis computer for boat maintenance and logistics support. The Contractor shall also be responsible for providing a production schedule, based upon awarded delivery orders, and provide quarterly reports status on the progress towards delivery.

3.1 Program Management

The contractor shall establish a program management structure that ensures overall quality of the NSW SSC components, consistent with their selected engineering and manufacturing approach. The overall program shall be captured in a production schedule, which shall be maintained as an accurate depiction of program execution. A designated Program Manager (PM) shall be identified to serve as the principal representative of the Contractor throughout the duration of contract performance. The PM will be viewed as being responsible for the performance of the contract and on-time delivery of technically compliant boats and associated equipment. The PM shall work with the Government Contracting Officer (KO) for contractual related issues as the KO is the only person authorized to make changes to this contract on behalf of the Government. The PM primary interface for contract performance and execution shall be with the Program Office, Support Ships, Boats, and Craft (PMS325) on all activities related to successful performance of the contract. Structure of the management organization and execution of the plan is the discretion of the contractor, commensurate with industry best practices.

3.1.1 Program Manager Interface.

The Contractor’s PM shall be responsible for all activities associated with NSW SSC system delivery, including coordination of boat production, PDIT, delivery to the Navy, and conduct of appropriate meetings and reviews with Government personnel. At all times, the PM shall have the responsibility for ensuring program integrity and overall contract performance. As appropriate, the contractor shall ensure that administration, logistics, financial and other task requirements pertinent to contract performance are adequately addressed.

3.1.2 Program Meetings

The Contractor shall be responsible for coordinating and scheduling meetings with the Government as necessary to ensure on-time delivery of NSW SSC boats and ancillary equipment. As identified in the “NSW SSC 11m Specification,” the Contractor will be responsible for coordinating a Post Award Conference and In-Process Reviews as necessary to ensure the program meets specified requirements.

3.1.3 Schedule Compliance.

The contractor shall develop and adhere to a production schedule commensurate with their program approach. The Contractor shall update and baseline the schedule after the award of a new delivery order or at the request of the Contractor to change key program milestones (i.e. start of production, PDIT, delivery). The Contractor shall provide status towards major program milestones and any pertinent risks associated to achievement of those milestones in their quarterly report.

3.1.4 Invoicing

The Contractor shall submit invoices as outlined in Section G of this contract. Section H outlines the interim payment schedule associated with when a vendor has met the criteria to receive payment on invoices.

3.2 Engineering

The Contractor shall follow best industry practices and be responsible for all the engineering, design, manufacturing, and test of the NSW SSC prior to delivery to the Government. The Contractor shall interface with PMS325 and the Naval Surface Warfare Center Carderock Division (NSWCCD) Combatant Craft Division (CCD) Government engineers on NSW SSC technical challenges, design analysis, equipment certification, and test data throughout the production of the NSW SSC. Throughout the life of this contract, the Contractor shall be responsible for working with Government representatives to ensure the NSW SSC maintain technical compliance with the “NSW SSC 11m Specification” through execution of proper configuration management of components, value engineering, and monitoring of obsolescence of commercial components that impact NSW SSC performance and capabilities.

3.2.1 Engineering Reviews

The Contractor shall contact Government engineers with any issues in resolving conflicting requirements or unplanned technical design concerns. The Contractor is encouraged to work with and hold design reviews with Government engineers to ensure adequate boat design to comply with the “NSW 11M SSC Specification.” The Contractor shall also incorporate an agreed upon action items from those reviews into their design prior to PDIT.

3.2.2 Configuration Management

The Contractor shall be responsible for ensuring that boats produced under this contract maintain a consistent configuration of equipment, components, and material used to build the NSW SSC. Where feasible, the Contractor shall avoid the use of custom parts and use standard industry interfaces with components to allow for low cost upgrade or transition from obsolete commercial products.

3.2.3 Engineering Change Proposals

The Contractor shall notify the Government after the award of a new Delivery Order, or during boat production, of any issues with obsolete components. For major components impacting system performance (e.g. engines, radios) the Contractor shall submit an Engineering Change Proposal to the Government identifying the need to change configuration of the craft and outline a plan on how the change will impact system performance. The Contractor shall notify and get approval from the Government of required changes prior to procurement of components to be installed on NSW SSC.

3.2.4 Technical Data

3.2.4.1 Provide Technical Data Package

The Contractor shall refer to the Contract Data Requirements List (CDRL) for identification and criteria for data required for delivery under this Contract. The “NSW SSC 11m Specification” shall also be used to identify specific requirements for level of detail required within the Technical Data Package. The Contractor shall contact the Government with any questions of scope or content required to meet data needs as identified in the CDRL attachment.

3.2.4.2 RIGHTS IN TECHNICAL DATA

(a) 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. Hull lines drawings and other proprietary details of the boat/system design may be marked with Limited Rights Legend per DFARS 252.227-7013.

(b) 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.

(c) The Government shall not release or disclose any non-commercial technical data, 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.

(d) 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)____. This license grants to the Government the right to use, modify, reproduce, release, perform, displace, or disclose the technical data 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 license does not allow the Government to use the technical data and/or the computer software to manufacture additional quantities of the items or software.

Contract No.

Contractor Name

Contractor Address

3.3 Boat Production

3.3.1 Boat Configurations

(a) The NSW SSC require two (2) configuration variants, open center console and enclosed cabin, to support mission needs. The Contractor shall produce these two (2) boat configurations as defined in the “NSW 11M SSC Specification.”

(b) The NSW SSC also requires the option to have a pair of either Evinrude or Suzuki engines installed on the produced craft. The Contractor shall integrate the selected engine types as defined in section 236 of the “NSW 11M SSC Specification,” on the produced boat(s).

3.3.2 Boat Design and Production

The Contractor shall follow their standard manufacturing processes, in accordance with best industry practices, to design, build, integrate, test, and delivery NSW SSC to the Government. NSW SSC shall be produced in compliance with performance requirements as defined in the “NSW SSC 11m Specification.” Any major risks or issues that will cause impact to the production delivery schedule or technical performance of the NSW SSC shall be brought to the attention of the Government as appropriate.

3.3.3 Ancillary Equipment

(a) The Contractor shall procure and deliver OEM equipage as defined in the “NSW 11M SSC Specification” as either an integrated item into the boat(s) or shipped separately.

(b) The Contractor shall also design, build, and deliver support equipment for the boat(s) including, but not limited to, trailer(s) and hoist slings.

(c) The Contractor shall procure and delivery OEM diagnosis computers for the Evinrude or Suzuki engines (as applicable) in order to support maintenance of the procured engines while in service.

(d) The Contractor shall provide adequate protection for any OEM components or equipment procured for integration onto the boats. The integrated components shall be delivered in like-new condition to the Government as part of the final delivered boats.

3.4 Test and Verification

The contractor shall provide verification of design safety, performance and other capabilities required by statutory, or regulatory authority. All testing of Original Equipment Manufacturer (OEM) products and vendor-supplied materials for conformance is the responsibility of the contractor. As appropriate, evidence of conformance shall be provided. Additional testing to ascertain performance of the craft system, prior to independent verification by the government, shall be the responsibility of the contractor and is considered integral to the stated performance characteristics of the product.

3.4.1 Builders Tests

The Contractor shall be responsible for conducting all tests and certifications as specified in the “NSW 11M SSC Specifications.” The Contractor shall ensure that all OEM equipment is installed per industry standards, specifications, and best builder practices. The Contractor shall also conduct an integrated final test of their produced boat and delivery a test report to the Government, prior to conduct of PDITs.

3.4.2 Pre-Delivery Inspections and Trials

The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on selected boats. Typically the Government will require PDITs on boats that are the first off of a production line or the first of a new delivery order. The Contractor shall work with the Government to assess discrepancies in tested boats and ensure that issues discovered during PDITs are resolved on the boat under test and all future production boats.

3.5 Logistics

3.5.1 Initial and Follow-on Spares

(a) General. The Contractor shall provide initial spares as outlined in Attachment 4 “Initial Spares” based upon the specific engine type selected (Evinrude or Suzuki) and the platform configuration (open center console or enclosed cabin). 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.

(b) Vendor Recommended Spares List. After award, the Contractor shall provide a Vendor Recommended Spares List for the boat to account for spare parts attributed to the Contractor’s boat design as a recommended update to the Government provided spares list (Attachment 4). Providing such list in no way obligates the Government to purchase any items. The Government has the option of placing an order for any combination of spares, or none at all, from the Vendor Recommended Spares List.

(c) Delivery. Unless otherwise specified, all spares shall be packaged and shipped separately from the boat. Packaging shall allow for spare components to not be damaged during shipping.

(d) Update: The Contractor shall recommend updates to the Government proposed spares list throughout the life-cycle of this contract. It is anticipated that parts will become obsolete or newer parts will become available that should be provided as part of spares offered.

3.5.2 Unique Item Identification (UID)

The contractor shall follow the guidelines outlined in Attachment 3, “Unique Item Identification” in application of UID labeling on the boats.

3.5.3 Warranties

(a) The Contractor shall specify their warranty conditions within the “NSW 11 M SSC Specifications.” The warranty provided shall be valid for all boats and associated parts procured under this contract.

(b) The Contractor shall work with Naval Special Warfare Command and PMS325G to resolve any claims or warranty concerns. If claims cannot be handled at the user level, the KO shall be contacted for administration of the warranty.

4 Contract Specific Clauses

4.1 No Substitution of Outfitting and Equipment

(a) All equipment, outfitting, and furnishings, etc., must be specified in the Contractor’s offer in accordance with the requirements of the RFP.

(b) 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 quote, including the Contractor’s proposed contract specification and proposed contract drawings, will become part of any resulting contract.

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

(c) 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.

4.3 Contractor Problem Identification Reports

(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; C-30

(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.

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 to be filled in at time of award in response to NAVSEA Solicitation No. N00024-13-R-2215.

(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.

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.

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 issuance of craft to the fleet, which is approximately 3 months after delivery of the craft to the Navy. 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.

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.

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.

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…