Amendment 0002 - Mod.pdf

N0002412NR43056

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purposes of this Amendment are to: 1) Revise Section B to change Items 0004 and 0504 from Option to Firm and update subsequent Sections C, D, E, F; 2) Revise Section J Attachment 1, Attachment 1 Appendix B, Attachment 2, Attachment 15 Appendix A, and Attachment 15 Appendix B; 3) Revise Section I clause 52.217-7 to update the latest option exercise dates; 4) Revise Sections L & M; 5) Update clauses throughout the RFP.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 83

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 14-Aug-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N00024-13-R-5332

X 9B. DATED (SEE ITEM 11)

26-Jul-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14-Aug-2014

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2040

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00024-13-R-5332

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0004

The CLIN extended description has changed from MANUFACTURE, ASSEMBLE, AND TEST MK 41

MOD 15 VLS MODULES AND ASSOCIATED EQUIPMENT FOR DDG-TBD (FY17 DDG TBD SCN). SEE

NOTES B, C AND E. to MANUFACTURE, ASSEMBLE, AND TEST MK 41 MOD 15 VLS MODULES AND

ASSOCIATED EQUIPMENT FOR DDG-TBD (FY17 DDG TBD SCN). SEE NOTES C AND E..

The option status has changed from Option to No Status.

CLIN 0504

MOD 15 VLS MODULE COMPONENTS & ANCILLARY EQUIPMENT FOR DDG-TBD (FY14 DDG TBD

SCN). SEE NOTES B, C AND F. to MANUFACTURE, ASSEMBLE, AND TEST MK 41 MOD 15 VLS

MODULE COMPONENTS & ANCILLARY EQUIPMENT FOR DDG-TBD (FY14 DDG TBD SCN). SEE

NOTES C AND F..

SUBCLIN 0504AA

MOD 15 VLS MODULE COMPONENTS FOR DDG-TBD (FY14 DDG TBD SCN). SEE NOTES B, C AND F. to

MANUFACTURE, ASSEMBLE, AND TEST MK 41 MOD 15 VLS MODULE COMPONENTS FOR DDG-TBD

(FY14 DDG TBD SCN). SEE NOTES C AND F..

SUBCLIN 0504AB

The CLIN extended description has changed from MANUFACTURE, ASSEMBLE, AND TEST VLS ANCILLARY EQUIPMENT FOR DDG-TBD (FY14 DDG TBD SCN). SEE NOTES B, C AND F. to

MANUFACTURE, ASSEMBLE, AND TEST VLS ANCILLARY EQUIPMENT FOR DDG-TBD (FY14 DDG

TBD SCN). SEE NOTES C AND F..

SUBCLIN 0504AC

The CLIN extended description has changed from MANUFACTURE, ASSEMBLE, AND TEST VLS SILL ADAPTER ASSEMBLIESFOR DDG-TBD (FY14 DDG TBD SCN). SEE NOTES B, C AND F. to

MANUFACTURE, ASSEMBLE, AND TEST VLS SILL ADAPTER ASSEMBLIESFOR DDG-TBD (FY14 DDG

TBD SCN). SEE NOTES C AND F..

The following have been modified:

SECTION B INTRODUCTION

Offerors may propose on either the mechanical or electronic requirements or both. If an Offeror elects to propose for both efforts, two individual and separate proposals must be submitted for each of the electronic and mechanical requirements; NAVSEA will not accept a combined electronic/mechanical requirement proposal. NAVSEA may award one Firm Fixed Price contract for mechanical requirements and a separate Firm Fixed Price contract for electronic requirements, or one Firm Fixed Price contract for both the electronic and mechanical requirements.

Offerors who propose for both efforts may be awarded either the electronic or the mechanical requirements, or both in the event that each individual offer is selected under the source selection criteria prescribed in Section M. In the event that two different Offerors are selected for award of the Electronic and Mechanical requirements, the Mechanical requirements contract award shall only contain the Mechanical requirements under this solicitation; the Electronic requirements contract award shall only contain the Electronic requirements under this solicitation.

Note that in the event that one Offeror is selected for both the mechanical and electronic requirements, no inspection and acceptance of mechanical requirements will be required. In this scenario, mechanical deliverables will remain Contractor Furnished Equipment (CFE) vice Government Furnished Equipment (GFE) until after final Government acceptance according to Attachment 1, Statement of Work - Eletronic. The Government will provide proprietary electronics as GFE to the awarded Offeror. The Offeror will be required to procure all electronic requirements outlined in the solicitation and integrate these electronics with all the CFE and GFE referenced above in this paragraph, according to Attachment 1, Statement of Work – Electronic.

MK 41 Vertical Launcher Electronic Requirements:

Items 0001-0011, 0099, 0100, 0112, 0122, 0201–0205 and (if options are exercised) Items 0101-0104, 0111, 0113- 0115, 0121, 0123-0125, 0206, 0301-0307, 0311-0313, 0321-0323, 0331-0333, 0401-0404, 0406-0407, 0411-0413, 0421-0423, 0431-0433, 0441-0443, 0451-0452, 0461-0462, 0471-0472, 0481-0482, 0491-0492.

MK 41 Vertical Launcher Mechanical Requirements:

Items 0099, 0501-0510, 0600, 0612, 0701, 0705 and (if options are exercised) Items 0602, 0603, 0605 - 0608, 0613

- 0615, 0801, 0802, 0804, 0805, 0807, 0811, 0812, 0821, 0822, 0831, 0832, 0901, 0904, 0907, 0911, 0921, 0931, 0941, 0951, 0961, 0971, 0981, 0991.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SECTION C

PART 1 - CONTRACT LINE ITEM DESCRIPTION

ELECTRONIC CLINS:

This contract is for the production of Vertical Launcher Module Assemblies, Modernization Kits, Launch Control Units, spare parts and associated equipment in accordance with the Statement of Work - Electronic, Attachment 1, and the MK 41 VLS Technical Data Package (TDP) and associated drawings, Attachment 3.

Items 0001 – 0010 - MK 41 MOD 15 Vertical Launching System Modules and Associated Equipment:

The Contractor shall manufacture, assemble, test and deliver each of the MK 41 Mod 15 Vertical Launching System Modules and associated equipment in accordance with the MK 41 Vertical Launching System drawings, standards, & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The MK 41 Mod 15 Vertical Launching System shall consist of the material listed in NAVSEA Parts List 8407395-19;

the GFE listed in the Statement of Work, Attachment 1, Appendix B; and the parts listed in Attachment 1, Appendix A.

The GFE parts listed under Attachment 1, Appendix B (see Attachment 1, Statement of Work, 20.8.3) are not referenced in the VLS TDP, Attachment 3. Therefore, Attachment 1, Appendices C-F, are provided as cross reference lists to correlate the GFE part numbers with the appropriate Specification or Document Numbers under the VLS TDP, Attachment 3.

The Electronic Contractor shall accommodate and assist the Mechanical Contractor in the event it is necessary for the Mechanical Contractor to visit and/or perform work on the Mechanical requirements that have been delivered to the Electronic Contractor as GFE.

Item 0011 – DDG Production Spares

The Contractor shall manufacture, assemble, test and deliver a set of DDG Production Spares in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, the VLS TDP, Attachment 3, and the GFE listed in Attachment 1, Appendix B. The DDG Production Spares shall consist of the items listed in Attachment 1, Appendix A.

Item 0099 - Provisioned Item Order

ITEM(S) 0099 - PROVISIONED ITEMS ORDERS (NAVSEA) (APR 1999)

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

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

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation of Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "CONTRACT DEFINITIZATION" (DFARS 252.217-7027) shall be included in any undefinitized order.

(d) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines that it cannot feasibly perform the order, or if the Contractor does not concur with the maximum ceiling amount.

However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen days of issuance of the order, the Contractor notifies the Contracting Officer in writing of its rejection of the order.

(e) Definitization of Undefinitized Orders. (1) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the Contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

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

(i) a specified target date which is not more than 180 days after the issuance of the undefinitized order.

However, that target date may be extended by the Contracting Officer for up to 180 days after the Contractor submits a qualifying proposal as defined in DFARS 217.7401; or

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

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart 15.8 and Part 31 of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause

(FAR 52.216-24).

(f) Limitation of Government Liability. (1) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of Government liability shall be the maximum Government liability if the order is terminated. The "LIMITATION OF GOVERNMENT LIABILITY" clause shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long-lead procurements; and except as otherwise provided in subparagraph (f)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 217.7401) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditure under an undefinitized order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.

(g) Initial Spares. The limitations set forth in paragraph (c) and subparagraphs (e)(2), (f)(2) and (f)(3) do not apply to undefinitized orders for the purchase of initial spares.

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond 180 days after delivery of the last end item.

(i) Segregation of Costs. The Contractor shall segregate the costs of performance of each undefinitized order from the cost of any other work performed by the Contractor.

Item 0100 – Data Items

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit A, attached hereto.

Option Item 0101 - Launcher Fit Check Tools:

The Contractor shall manufacture, assemble, test and deliver the Launcher Fit Check Tools in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The Launcher Fit Check Tools shall consist of the items listed in Attachment 1, Appendix A.

Option Item 0102 – Physical Configuration Audit

Physical Configuration Audits shall be conducted in accordance with the Statement of Work, Attachment 1.

Option Item 0103 – Production Readiness Review

A Preliminary Production Readiness Review and a single Final Production Readiness Review, will be conducted as described and scheduled in Statement of Work, Attachment 1 and The Production Readiness Review Plan, Attachment 6.

The Contractor shall provide engineering, technical, administrative, and management support for these reviews as described and scheduled in Statement of Work, Attachment 1 and The Production Readiness Review Plan, Attachment 6.

The Contractor shall conduct subcontractor Production Readiness Review(s) in accordance with the Statement of Work, Attachment 1 and The Production Readiness Review Plan, Attachment 6.

Option Item 0105 and 0107 – Module Shipping Trailers

The Contractor shall manufacture, assemble, test and deliver each Module Shipping Trailer, part number 5599453, in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3.

Option Item 0106 and 0108 – Module Shipping Fixtures and Mounting Hardware

The Contractor shall manufacture, assemble, test and deliver each set of Module Shipping Fixtures and Mounting Hardware listed in Attachment 1, Appendix A in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3.

Option Item 0111 – LBTS Launch Control Unit

The Contractor shall manufacture, assemble, test and deliver each MK 235 MOD 6 CONTROL UNIT, VERTICAL LAUNCH, part number 7104280-69 in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3.

Item 0112 and, if exercised, Option Items 0113 through 0115 - DDG AMOD Kit material

The Contractor shall manufacture, assemble, test and deliver DDG AMOD Kit materials in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The DDG AMOD Kit Material shall consist of the material listed in Attachment 1, Appendix A, and the GFE listed in Attachment 1, Appendix B.

The Fiber Optic Circuit Card Assemblies, SBC CCAs and GPM GPS VME Receiver Circuit Card Assemblies, procured under Item 0122 and Option Items 0123 through 0125 shall be assembled into the MK 235 MOD 6 Vertical Launch Control Units procured under this Item.

Option Item 0121 - BMD Fiber Optic Cables & Material

The Contractor shall manufacture, assemble, test and deliver each BMD Fiber Optic Cables & Material Kit listed in Attachment 1, Appendix A in accordance with the applicable engineering drawings, standards & specifications the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3.

Item 0122 and, if exercised, Option Items 0123 through 0125 - BMD DDG AMOD Kit material

The Contractor shall manufacture, assemble, test and deliver BMD DDG AMOD Kit material in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The BMD DDG AMOD Kit material shall consist of the material listed in Attachment 1 Appendix A. The Fiber Optic Circuit Card Assemblies, SBC CCAs and GPM GPS VME Receiver Circuit Card Assemblies procured under these CLINs shall be assembled into the MK 235 MOD 6 Vertical Launch Control Units procured by CLIN 0112 and Option CLINs 0113 through 0115.

Item 0201 - MK 41 VLS FOR AEGIS ASHORE HOST NATION 2:

The Contractor shall manufacture, assemble, test and deliver MK 41 Vertical Launching System Modules and associated equipment in accordance the MK 41 Vertical Launching System drawings, standards & specifications the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The MK 41 Vertical Launching System Modules shall consist of the material listed in Attachment 1, Appendix A, and the GFE listed in Attachment 1, Appendix B.

Item 0202 - MK 41 VLS Installation And Checkout Special Tools And Test Equipment For AEGIS Ashore Host Nation 2:

The Contractor shall procure, fabricate, assemble, test and deliver the Installation and Checkout Special Tools and Test Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The Test Equipment shall consist of the items listed in Attachment 1, Appendix A and the GFE listed in Attachment 1, Appendix B.

Item 0203 - MK 41 VLS AEGIS Ashore Host Nation 2 Lifting, Handling And Alignment Equipment:

The Contractor shall procure, fabricate, assemble, test and deliver the Lifting, Handling and Alignment Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The AEGIS Ashore Host Nation 2 Lifting, Handling and Alignment Equipment shall consist of the items listed in Attachment 1, Appendix A.

Item 0204 – MK 41 VLS AEGIS Ashore Host Nation 2 Transportation Equipment:

The Contractor shall manufacture, assemble, test and deliver the AEGIS Ashore Host Nation 2 Transportation Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The AEGIS Ashore Host Nation 2 Transportation Equipment shall consist of the items listed in Attachment 1, Appendix A.

Item 0205 – MK 41 VLS AEGIS Ashore Host Nation 2 Combined Spares:

The Contractor shall manufacture, assemble, test and deliver a set of Combined Spares in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of Combined Spares shall consist of the material listed in Attachment 1 Appendix A, and the GFE listed in Attachment 1, Appendix B.

Items 0206 - MK 41 VLS AA HN2 Equipment Shipping:

The contractor shall ship Items 0201 through 0205 equipment to a Freight Forwarder located in the Continental US.

Option Items 0301, 0311, 0321, 0331 – SNEP SHIPSET MK 41 MOD 15 Vertical Launching System Modules and Associated Equipment:

The Contractor shall manufacture, assemble, test and deliver each of the MK 41 MOD 15 Vertical Launching System Modules and associated equipment in accordance the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The MK 41 MOD 15 Vertical Launching System Modules and associated equipment shall consist of the material listed in NAVSEA Parts List 8407395-19, the GFE listed in Attachment 1, Appendix B, and the material listed in Attachment 1, Appendix A.

Option Items 0302, 0312, 0322, 0332 – SNEP MK 41 VLS OBRP:

The Contractor shall manufacture, assemble, test and deliver a set of Onboard Repair Parts in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of Onboard Repair Parts shall consist of the material listed in Attachment 1 Appendix A, and the GFE listed in Attachment 1, Appendix B.

Option Items 0303, 0313, 0323, 0333 – SNEP MK 41 VLS Transportation Equipment:

The Contractor shall manufacture, assemble, test and deliver the SNEP Launcher Transportation Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The SNEP Launcher Transportation Equipment for the SNEP Launchers shall consist of the material listed in Attachment 1, Appendix A.

Option Item 0304 – SNEP MK 41 VLS INCO Spares:

The Contractor shall manufacture, assemble, test and deliver a set of INCO Spares in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of INCO Spares shall consist of the material listed in Attachment 1, Appendix A, and the GFE listed in Attachment 1, Appendix B.

Option Item 0305 – SNEP MK 41 VLS INCO Special Tools and Test Equipment:

The Contractor shall manufacture, assemble, test and deliver a set of INCO Special Tools and Test Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The Test Equipment provided under this Item shall consist of the material listed in Attachment 1, Appendix A.

Option Item 0306 – SNEP MK 41 VLS Lifting, Handling And Alignment Equipment:

The Contractor shall manufacture, assemble, test and deliver the Lifting, Handling and Alignment Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. Lifting, Handling and Alignment Equipment shall consist of the items listed in Attachment 1, Appendix A.

Option Item 0307 – SNEP MK 41 VLS Two-Year Depot Spares:

The Contractor shall manufacture, assemble, test and deliver a set of Two-Year Depot Spares in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of Two-Year Depot Spares shall consist of the material listed in Attachment 1 Appendix A, and the GFE listed in Attachment 1, Appendix B.

Option Items 0401, 0411, 0421, 0431, 0441 – NORWAY MK 8 MOD 5 VLS STD MODULE

The Contractor shall manufacture, assemble, test and deliver each of the MK 8 MOD 5 Standard Module and associated equipment in accordance the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The MK 8 MOD 5 Standard Module and associated equipment shall consist of the material listed in Attachment 1, Appendix A and the GFE listed in Attachment 1, Appendix B.

Option Items 0402, 0412, 0422, 0432, 0442 – NORWAY MK 41 VLS OBRP:

The Contractor shall manufacture, assemble, test and deliver a set of Onboard Repair Parts in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of Onboard Repair Parts shall consist of the material listed in Attachment 1, Appendix A, and the GFE listed in Attachment 1, Appendix B.

Option Items 0403, 0413, 0423, 0433, 0443 – NORWAY MK 41 VLS TRANSPORTATION EQUIPMENT:

The Contractor shall manufacture, assemble, test and deliver the NORWAY Launcher Transportation Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The NORWAY Launcher Transportation Equipment shall consist of the material listed in Attachment 1, Appendix A.

Option Item 0404 – NORWAY MK 41 VLS INCO Spares:

The Contractor shall manufacture, assemble, test and deliver a set of INCO Spares in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of INCO Spares shall consist of the material listed in Attachment 1, Appendix A, and the GFE listed in Attachment 1, Appendix B.

Option Item 0406 – NORWAY MK 41 VLS LIFTING, HANDLING AND ALIGNMENT EQUIPMENT:

The Contractor shall manufacture, assemble, test and deliver the Lifting, Handling and Alignment Equipment in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The Lifting, Handling and Alignment Equipment shall consist of the items listed in Attachment 1, Appendix A.

Option Item 0407 – NORWAY MK 41 VLS DEPOT SPARES:

The Contractor shall manufacture, assemble, test and deliver a set of Depot Spares in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The set of Depot Spares shall consist of the material listed in Attachment 1, Appendix A, and the GFE listed in Attachment 1, Appendix B.

Option Items 0451, 0461, 0471, 0481, 0491 – NORWAY B/L VI TO B/L VII SYS MODULE UPGRADE KIT:

The Contractor shall manufacture, assemble, test and deliver kits to upgrade the existing Baseline VI Module installed in Norway ships to a Baseline VII configuration in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The upgrade kit shall consist of the material listed in Attachment 1, Appendix A and the GFE listed in Attachment 1, Appendix B.

Option Items 0452, 0462, 0472, 0482, 0492 – NORWAY MK 235 MOD 8 LCU:

The Contractor shall manufacture, assemble, test and deliver MK 235 MOD 8 Launch Control Units (LCU) in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 1, and the VLS TDP, Attachment 3. The LCUs shall consist of the material listed in Attachment 1, Appendix A.

MECHANICAL CLINS:

This contract is for the production of Vertical Launcher Module Assemblies, Modernization Kits, Launch Control Units, spare parts and associated equipment in accordance with the Statement of Work - Mechanical, Attachment 2, and MK 41 VLS Technical Data Package (TDP, Attachment 3).

Item 0099 - Provisioned Item Order

ITEM(S) 0099 - PROVISIONED ITEMS ORDERS (NAVSEA) (APR 1999)

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

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

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation of Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "CONTRACT DEFINITIZATION" (DFARS 252.217-7027) shall be included in any undefinitized order.

(d) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines that it cannot feasibly perform the order, or if the Contractor does not concur with the maximum ceiling amount.

However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen days of issuance of the order, the Contractor notifies the Contracting Officer in writing of its rejection of the order.

(e) Definitization of Undefinitized Orders. (1) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the Contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

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

(i) a specified target date which is not more than 180 days after the issuance of the undefinitized order.

However, that target date may be extended by the Contracting Officer for up to 180 days after the Contractor submits a qualifying proposal as defined in DFARS 217.7401; or

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

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart 15.8 and Part 31 of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause

(FAR 52.216-24).

(f) Limitation of Government Liability. (1) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of Government liability shall be the maximum Government liability if the order is terminated. The "LIMITATION OF GOVERNMENT LIABILITY" clause shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long-lead procurements; and except as otherwise provided in subparagraph (f)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 217.7401) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditure under an undefinitized order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.

(g) Initial Spares. The limitations set forth in paragraph (c) and subparagraphs (e)(2), (f)(2) and (f)(3) do not apply to undefinitized orders for the purchase of initial spares.

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond 180 days after delivery of the last end item.

(i) Segregation of Costs. The Contractor shall segregate the costs of performance of each undefinitized order from the cost of any other work performed by the Contractor.

Sub-Line Items 0501AA, 0502AA, 0503AA, 0504AA, 0505AA, 0506AA, 0507AA, 0508AA, 0509AA, 0510AA - MK 41 MOD 15 Vertical Launching System Module Components:

The Contractor shall manufacture, assemble, test and deliver each of the MK 41 MOD 15 Vertical Launching System components listed in Attachment 2, Appendix A in accordance with the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Sub-Line Items 0501AB, 0502AB, 0503AB, 0504AB, 0505AB, 0506AB, 0507AB, 0508AB, 0509AB, 0510AB - Vertical Launching System Plenum Cell Covers and Canister Adapter Assemblies:

The Contractor shall manufacture, assemble, test and deliver each of the Vertical Launching System Plenum Cell Covers and Canister Adapter Assemblies listed in Attachment 2, Appendix A in accordance with the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Sub-Line Items 0501AC, 0502AC, 0503AC, 0504AC, 0505AC, 0506AC, 0507AC, 0508AC, 0509AC, 0510AC - Vertical Launching System Sill Adapter Assemblies:

The Contractor shall manufacture, assemble, test and deliver each of the Vertical Launching System Sill Adapter Assemblies listed in Attachment 2, Appendix A in accordance with the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3 .

Item 0600 – Data Items

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit B, attached hereto.

Option Item 0602 – Physical Configuration Audit

Physical Configuration Audits shall be conducted in accordance with the Statement of Work, Attachment 2.

Option Item 0603 – Production Readiness Review

A Preliminary Production Readiness Review and a single Final Production Readiness Review, will be conducted as described and scheduled in Statement of Work, Attachment 2 and The Production Readiness Review Plan, Attachment 6.

The Contractor shall provide engineering, technical, administrative, and management support for these reviews as described and scheduled in Statement of Work, Attachment 2 and The Production Readiness Review Plan, Attachment 6.

The Contractor shall conduct a subcontractor Production Readiness Review(s) in accordance with the Statement of Work, Attachment 2 and The Production Readiness Review Plan, Attachment 6.

Option Item 0605 – First Article Test – Module Structure

The contractor shall conduct a First Article Test of the Module Structure in accordance with the Statement of Work, Attachment 2.

Option Item 0606 – First Article Test – Module Deck & Hatch Assembly

The contractor shall conduct a First Article Test of the Module Deck & Hatch Assembly in accordance with the Statement of Work, Attachment 2.

Option Item 0607 – First Article Test – Bonded Ablative

The contractor shall conduct a First Article Test of the Bonded Ablative in accordance with the Statement of Work, Attachment 2.

Option Item 0608 – First Article Test – Cable Assembly

The contractor shall conduct a First Article Test of the Cable Assembly in accordance with the Statement of Work, Attachment 2.

Item 0612 and, if exercised, Option Items 0613 through 0615 - DDG AMOD Kit Material

The Contractor shall manufacture, assemble, test and deliver DDG AMOD Kit materials listed in Attachment 2, Appendix A in accordance with the applicable engineering drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Item 0701 - MK 41 VLS AA HN2 Module Components & Associated Equipment:

The Contractor shall manufacture, assemble, test and deliver MK 41 Vertical Launching System Components and associated equipment listed in Attachment 2, Appendix A in accordance the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Item 0705 – MK 41 VLS AEGIS Ashore Host Nation 2 Combined Spares:

The Contractor shall manufacture, assemble, test and deliver a set of Combined Spares consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Items 0801, 0811, 0821, 0831 – SNEP SHIPSET MK 41 MOD 15 Vertical Launching System Module Components and Associated Equipment:

The Contractor shall manufacture, assemble, test and deliver each of the MK 41 MOD 15 Vertical Launching System components listed in Attachment 2, Appendix A in accordance the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Items 0802, 0812, 0822, 0832 – SNEP MK 41 VLS OBRP:

The Contractor shall manufacture, assemble, test and deliver a set of Onboard Repair Parts consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Item 0804 – SNEP MK 41 VLS INCO Spares:

The Contractor shall manufacture, assemble, test and deliver a set of INCO Spares consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Item 0805 – SNEP MK 41 VLS INCO Special Tools & Test Equipment:

The Contractor shall manufacture, assemble, test and deliver a set of INCO Special Tools & Test Equipment consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Item 0807 – SNEP MK 41 VLS Two-Year Depot Spares:

The Contractor shall manufacture, assemble, test and deliver a set of Two-Year Depot Spares consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Items 0901, 0911, 0921, 0931, 0941 – NORWAY MK 8 MOD 5 VLS STD MODULE MECHANICAL

COMPONENTS:

The Contractor shall manufacture, assemble, test and deliver each of the MK 8 MOD 5 STANDARD Module mechanical components listed in Attachment 2, Appendix A in accordance with the MK 41 Vertical Launching System drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Item 0904 – NORWAY MK 41 VLS INCO SPARES:

The Contractor shall manufacture, assemble, test and deliver a set of INCO Spares consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Item 0907 – NORWAY MK 41 VLS DEPOT SPARES:

The Contractor shall manufacture, assemble, test and deliver a set of Depot Spares consisting of the material listed in Attachment 2, Appendix A in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3.

Option Item 0951, 0961, 0971, 0981, 0991 – NORWAY B/L VI TO B/L VII MECHANICAL UPGRADE KIT:

The Contractor shall manufacture, assemble, test and deliver kits to upgrade the existing Baseline VI System Module installed in the Norway ships to a Baseline VII configuration in accordance with the applicable drawings, standards & specifications, the Statement of Work, Attachment 2, and the VLS TDP, Attachment 3. The upgrade kit shall consist of the material listed in Attachment 2 Appendix A.

Applicability of Clauses:

The following Clauses under Section C apply to both Electronic and Mechanical requirements and shall be included under both the Electronic and Mechanical contract awards:

SECTION D - PACKAGING AND MARKING

SECTION D

ELECTRONIC CLINS:

Items 0001 – 0010, 0101, 0105-0108, 0201, 0204 and (if options are exercised) Items 0301, 0303, 0311, 0313, 0321, 0323, 0331, 0333, 0401, 0403, 0411, 0413, 0421, 0423, 0431, 0433, 0441, and 0443 - The Contractor shall clean, preserve, package, pack, and mark all equipment procured hereunder in accordance with the MK 41 Vertical Launching System (VLS) Packaging and Transportation Plan, Attachment 11.

The Launcher MAMS shall be installed in the MK 121 MAMS Storage Cabinet Assembly and the Vertical Launch Control Unit MAMS shall be installed in the MAMS Case for delivery in accordance with the Statement of Work, Attachment 1.

For Items 0401, 0403, 0411, 0413, 0421, 0423, 0431, 0433, 0441, and 0443 all material except the MK 8 MOD 5 modules, trailers and associated shipping fixtures, shall be packed in the intermodal shipping containers procured for that ship. The MK 8 MOD 5 module shall be attached to the trailer with associated shipping fixtures in accordance with the MK 41 Vertical Launching System (VLS) Packaging and Transportation Plan, Attachment 11.

Items 0011, 0112, 0122 & 0205 and (if options are exercised) Items 0111, 0113-0115, 0121, 0123-0125, 0451, 0452, 0461, 0462, 0471, 0472, 0481, 0482, 0491, and 0492 - The Contractor shall clean, preserve, package, pack and mark all equipment procured hereunder in accordance with "Level B Packaging and Packing" of Military Specification MIL-STD-2073-1E or the latest revision as of the date of the contract.

The Vertical Launch Control Unit MAMS shall be installed in the MAMS Case for delivery in accordance with the Statement of Work, Attachment 1.

Item 0099 - The supplies furnished hereunder shall be cleaned, preserved, packaged, packed and marked in accordance with the instructions provided by the…