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SECTION SF 30 BLOCK 14 CONTINUATION PAGE
The following items are applicable to this modification:
NEW SUMMARY OF CHANGES
SECTION B - SUPPLIES OR SERVICES AND PRICES
The following CLINs and SUBCLINs have been modified to include the extended description that specifically aligns with: CLINs 3003, 3004, 3017, 3018, 4010, 4011, 4012, 4021, 4022, 4023, 5008FA, 5029FA, 5032FA, and 9037KA.
and:
The following SUBCLINs have been modified to incorporate reference to applicable CLINS in the extended description:
SUBCLIN 0016AA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 0001-0015, Incidental Materials in support of CLINs 0001-0015(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 0001-0015, Incidental Materials in support of CLINs 0001-0015 and CLINs 0019, 0020, and 0024(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 1016BA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 1001-1015, Incidental Materials in support of CLINs 1001-1015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 1001-1015, Incidental Materials in support of CLINs 1001-1015 and CLINs 1019, 1020, and 1024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 2016CA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 2001-2015, Incidental Materials in support of CLINs 2001-2015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 2001-2015, Incidental Materials in support of CLINs 2001-2015 and CLINs 2019, 2020, and 2024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 3016DA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 3001-3015, Incidental Materials in support of CLINs 3001-3015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 3001-3015, Incidental Materials in support of CLINs 3001-3015 and CLINs 3019, 3020, and 3024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 4016EA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 4001-4015, Incidental Materials in support of CLINs 4001-4015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 4001-4015, Incidental Materials in support of CLINs 4001-4015 and CLINs 4019, 4020, and 4024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 5016FA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 5001-5015, Incidental Materials in support of CLINs 5001-5015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 5001-5015, Incidental Materials in support of CLINs 5001-5015 and CLINs 5019, 5020, and 5024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 6016GA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 6001-6015, Incidental Materials in support of CLINs 6001-6015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 6001-6015, Incidental Materials in support of CLINs 6001-6015 and CLINs 6019, 6020, and 6024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 7016HA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 7001-7015, Incidental Materials in support of CLINs 7001-7015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 7001-7015, Incidental Materials in support of CLINs 7001-7015 and CLINs 7019, 7020, and 7024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 8016JA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 8001-8015, Incidental Materials in support of CLINs 8001-8015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 8001-8015, Incidental Materials in support of CLINs 8001-8015 and CLINs 8019, 8020, and 8024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
SUBCLIN 9016KA
The CLIN extended description has changed from Other Direct Costs (ODCs) in support of CLINs 9001-9015, Incidental Materials in support of CLINs 9001-9015(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)) to Other Direct Costs (ODCs) in support of CLINs 9001-9015, Incidental Materials in support of CLINs 9001-9015 and CLINs 9019, 9020, and 9024(SEE NOTE C – OPTION ITEM)(SEE NOTE D – OTHER DIRECT COSTS (ODC)).
and:
The following has been modified to remove duplicate reference of 5005FA and replace with 5008FA:
NOTE C - Option item to which the option clause in SECTION I-2 (52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)) applies and which is to be supplied only if and to the extent said option is exercised. As stated under Note A, the performance incentive CLINs 4017, 4018, 5017, 5018, 5021, 5022, 5023, 6017, 6018, 6021, 6022, 6023, 7017, 7018, 7021, 7022, 7023, 8017, 8018, 8021, 8022, 8023, 9017, 9018, 9021, 9022 and 9023 are only separated for administrative purposes. The latest option exercise date for performance incentive fee CLINs will be the same date as the primary CLIN. For example, the latest Option exercise date for CLIN 5003 is the latest Option exercise date for CLIN 5017. In addition, as stated under Note B, the award fee CLINs 0001AA, 0002AA, 0007AA, 0009AA, 0015AA; and if exercised Option SLINs 1001BA, 1002BA, 1007BA, 1009BA, 1015BA, 2001CA, 2002CA, 2007CA, 2009CA, 2015CA, 3001DA, 3002DA, 3007DA, 3009DA, 3015DA, 4001EA, 4002EA, 4007EA, 4009EA, 4015EA, 5001FA, 5002FA, 5005FA, 5007FA, 5008FA, 5009FA, 5015FA , 6001GA, 6002GA, 6005GA, 6007GA, 6008GA, 6009GA, 6015GA, 6019GA, 7001HA, 7002HA, 7006HA, 7007HA, 7008HA, 7009HA, 7015HA, 7019HA, 7020HA, 7024HA, 8001JA, 8002JA, 8007JA, 8008JA, 8009JA, 8015JA, 8019JA, 8020JA, 8024JA, 9001KA, 9002KA, 9007KA, 9008KA, 9009KA, 9015KA, 9019KA, 9020KA, 9024KA are separated for administrative purposes. The latest option exercise date for the award fee CLINs will be the same date as the primary CLIN. The latest option exercise dates are as follows:
| CLIN/SLIN |
| Latest Option Exercise Date |
and to remove duplicate reference of 3003 and replace with 3004:
“PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)
Applicable to Option CLINs 3003, 4003, 5003, 6003, 7003, 8003, 9003; 3004, 4004, 5004, 6004, 7004, 8004, 9004; 4010, 5010, 6010, 7010, 8010, 9010; 4011, 5011, 6011, 7011, 8011, 9011; 4012, 5012, 6012, 7012, 8012, and 9012
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, "fixed fee" in cost-plus-fixed-fee type contracts for completion and phase type contracts.
(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to TBD percent (TBD%) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.
(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, in accordance with the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22) or "LIMITATION OF COST" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.
(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.”
SECTION I - CONTRACT CLAUSES
The following has been modified to remove 7025HA and replace with 7024HA:
“52.216-10 INCENTIVE FEE (JUN 2011)
Applicable Separately and Independently to Applicable to CLINs 0001AA, 0002AA, 0007AA, 0009AA, 0015AA; and if exercised Option CLINs 1001BA, 1002BA, 1007BA, 1009BA, 1015BA, 2001CA, 2002CA, 2007CA, 2009CA, 2015CA, 3001DA, 3002DA, 3007DA, 3009DA, 3015DA, 4001EA, 4002EA, 4007EA, 4009EA, 4015EA, 5001FA, 5002FA, 5005FA, 5007FA, 5008FA, 5009FA, 5015FA , 6001GA, 6002GA, 6005GA, 6007GA, 6008GA, 6009GA, 6015GA, 6019GA, 7001HA, 7002HA, 7006HA, 7007HA, 7008HA, 7009HA, 7015HA, 7019HA, 7020HA, 7024HA, 8001JA, 8002JA, 8007JA, 8008JA, 8009JA, 8015JA, 8019JA, 8020JA, 8024JA, 9001KA, 9002KA, 9007KA, 9008KA, 9009KA, and 9015KA, 9019KA, 9020KA, 9024KA.
(a) General. The Government shall pay the Contractor for performing this contract a fee determined as provided in this contract.
(b) Target cost and target fee. The target cost and target fee specified in the Schedule are subject to adjustment if the contract is modified in accordance with paragraph (d) below.
(1) "Target cost," as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted in accordance with paragraph (d) below.
(2) "Target fee," as used in this contract, means the fee initially negotiated on the assumption that this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph (d) below.
(c) Withholding of payment.
(1) Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when the Contracting Officer considers that performance or cost indicates that the Contractor will not achieve target, the Government shall pay on the basis of an appropriate lesser fee. When the Contractor demonstrates that performance or cost clearly indicates that the Contractor will earn a fee significantly above the target fee, the Government may, at the sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee.
(2) Payment of the incentive fee shall be made as specified in the Schedule; provided that the Contracting Officer withholds a reserve not to exceed 15 percent of the total incentive fee or $100,000, whichever is less, to protect the Government's interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals.
(d) Equitable adjustments. When the work under this contract is increased or decreased by a modification to this contract or when any equitable adjustment in the target cost is authorized under any other clause, equitable adjustments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, shall be stated in a supplemental agreement to this contract.
(e) Fee payable. (1) The fee payable under this contract shall be the target fee increased by sixty (60) cents for every dollar that the total allowable cost is less than the target cost or decreased by forty (40) cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than TBD* percent or less than zero (0) percent of the target cost.
* Offeror to insert its proposed maximum fee payable.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) above, and within the minimum and maximum fee limitations in subparagraph (1) above, when the total allowable cost is increased or decreased as a consequence of (i) payments made under assignments or (ii) claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.
(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.
(4) For the purpose of fee adjustment, "total allowable cost" shall not include allowable costs arising out of--
(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractor's being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractor's involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.
(5) All other allowable costs are included in "total allowable cost" for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
(f) Contract modification. The total allowable cost and the adjusted fee determined as provided in this clause shall be evidenced by a modification to this contract signed by the Contractor and Contracting Officer.
(g) Inconsistencies. In the event of any language inconsistencies between this clause and provisioning documents or Government options under this contract, compensation for spare parts or other supplies and services ordered under such documents shall be determined in accordance with this clause.”
SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
The following attachment has been revised to correct the SOW references in the Table of Contents (TOC):
Exhibit A: Contract Data Requirements List, DD Form 1423 – CDRLs Exhibit A, 75 pages and the following attachment has been modified to revise the submission dates to align with the award date:
J-29 Cost and Software Data Reporting (CSDR) Plan
(End of clause)
(End of Summary of Changes)
