FY14_DSB_SOW_Rev_2_2014_03_05.docx

60’ Dive Support Boat Statement of Work Introduction Scope This statement of work (SOW) is for a procurement of up to fifteen (15) nominally 60 foot long by 20 foot beam Dive Support Boat (DSB). This will be an indefinite delivery / indefinite quantity (IDIQ) contract with a base year and four subsequent option years to procure boats, equipage, initial spares, technical data, boat enhancements, and final delivery of boats to either the east or west coast of the United States. 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.

Background Dive operations are primarily conducted via surface support air to conduct underwater ships husbandry for surface ship and submarine availabilities and repairs. Basic underwater ships husbandry for surface ships include cofferdam installations to support internal work, hull inspections, propeller inspections and change-outs, underwater painting and epoxy repairs, photography (both still and video), and masker emitter belt cleaning. Submarine-specific jobs include shaft bearing change-outs, retractable bow plane cofferdams, secondary propulsion motor change-outs, security swims, arrival and departure swim-outs. Umbilical systems that are sourced from the dive support boat carry breathing air, hot water (to warm dive suits), voice and video communications, and air or hydraulic hoses for power tools. For normal operations, the boat is underway in a harbor or transiting between operational sites, but spends most of its operational time moored alongside other vessels.

Applicable Documents Department of Defense Specifications Table 1: DoD Specifications

Department of Defense Standards Table 2: DoD Standards

N/A

Non-Government standards and other publication Table 3: Non-Government standards and publications

N/A

Dive Support Boat Requirements The Contractor will be responsible for overseeing the production and delivery of the Dive Support Boat which will be provided as an integrated system consisting of boat, initial spares, technical data, ancillary equipment (e.g. radios), and special dive equipment required to accomplish its primary mission. The contractor will provide overall project management, comprehensive engineering, testing and ancillary services, as well as all materials, facilities, and manufacturing capability required to accomplish delivery of the DSB.

The Contractor will also be responsible for safe shipment and delivery of boats to either east or west coasts of the United States. The specific final destination will be identified upon award of each delivery order where both the DSB and shipping options will be awarded together. This will allow the Contractor the ability to plan production of each delivery order based upon known final delivery location of the boat.

3.1 Program Management

Roles and Responsibilities

(a) The contractor shall establish a project management structure that ensures overall quality of the DSB components, consistent with their selected engineering and manufacturing approach.

(b) A designated Project 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. At all times, the PM shall have the responsibility for ensuring program integrity and overall contract performance. The contractor shall ensure that administration, logistics, financial and other task requirements pertinent to contract performance are addressed.

(c) The PM’s 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. An Assistant Program Manager (APM) will be the Government representative to the Contractor for day-to-day operations.

(d) The Government Contracting Officer (KO) from NAVSEA 02 is the contract owner and the only person authorized to make changes to this contract on behalf of the Government and should be contacted with any requests for change or deviation in the contract.

(e) The Government Technical Point of Contact (TPOC) is the Naval Surface Warfare Center Carderock Division (NSWCCD), Combatant Craft Division (CCD), and should be contacted for questions related to technical implementation of boat design requirements.

Contract Meetings

(a) The Contractor shall be responsible for coordinating and scheduling meetings with the Government as necessary to ensure on-time delivery of DSBs and ancillary equipment.

(b) The contractor shall coordinate with the Government to prepare information for and conduct mandatory meetings to review at a minimum: current production progress and risks associated with production, technical design, schedule, key components availability, and delivery of boats. At a minimum, the information shall be reviewed with the Government at the following meetings.

i. Post Award Conference (PAC) Meeting – The Contractor shall coordinate with the Government a PAC no-later than (NLT) 60 calendar days after award of contract or subsequent option year delivery orders.

ii. Quarterly Status Reviews – The Contractor shall coordinate with the Government quarterly reviews within 90, 180, 270, and 360 calendar days from award of contract of subsequent option years. A quarterly review can be combined with a PAC if agreed upon by the Government.

Other meetings will be held at the Contractors discretion, as needed to support the production schedule.

It is anticipated that most of these meetings will be conducted virtually via telephone and should not interfere with continued progress or production of boats. These meetings will not be used as approval to proceed in design or production, unless otherwise specified, and should be used only for informing the Government of process on production, builder questions, and impending risk to program.

Management Reports

(a) The Contractor shall provide a quarterly status report in their own format which at a minimum outlines:

(b) The Contractor shall submit their quarterly reports to PMS325 not less than five business days before quarterly status review meetings.

Schedule Compliance.

(a) The overall program shall be captured in a production schedule, which shall be maintained as an accurate depiction of program execution. The contractor shall develop and adhere to a production schedule commensurate with their program approach.

(b) The Contractor shall baseline and update 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 project milestones and any pertinent risks associated to achievement of those milestones in the quarterly report.

Invoicing The Contractor shall submit invoices as outlined in Section G of this contract. Section H outlines the interim payment schedule with guidelines and project completion goals for submitting invoices.

Engineering

(a) The Contractor shall follow best industry practices and be responsible for all the engineering, design, manufacturing, and test of the DSB prior to delivery to the Government. The Contractor shall interface with PMS325 and the NSWCCD CCD Government engineers on DSB technical challenges, design analysis, equipment certification, and test data throughout the production of the DSB.

(b) Throughout the life of this contract, the Contractor shall be responsible for working with Government representatives to ensure the DSB maintains technical compliance with the “Dive Support Boat Specification” and contract requirements through execution of proper configuration management of components, value engineering, and monitoring of obsolescence of commercial components that impact DSB performance and capabilities.

Engineering Reviews The Contractor shall contact the Government TPOC with any issues in resolving conflicting requirements, clarification of technical requirements, compliance questions or 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 “Dive Support Boat Specification.” The Contractor shall also incorporate an agreed upon action items from those reviews into the design prior to PDIT.

Configuration Management

(a) The Contractor shall maintain a Configuration Control Program to ensure that all detail level work being performed under this contract is in compliance with appropriate baseline documentation.

(b) 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.

(c) Overall boat design, positioning of equipment and system integration shall not change throughout the life-cycle of the contract unless mutually agreed upon by the Government.

Engineering Change Proposals

(a) The Contractor shall notify the Government as a minimum at PAC or Quarterly Status Reviews of any issues with obsolete components. The Contractor is encouraged to notify the Government as soon as possible to an obsolete component impacting system performance or production schedule.

(b) Engineering Change Proposals (ECP) shall be prepared in accordance with Contractor format and the requirements of the contract. An ECP should be submitted whenever the detail level physical configuration, material quality, operational or functional performance of equipment or installed systems will not be in compliance with baseline design-related documents (Specifications, Contract Drawings, etc.), and a change to the baseline document is considered an appropriate means of resolving a design-related issue.

(c) Documentation shall be developed in sufficient detail to enable US Government review and evaluation of the merits of the proposed change, including cost and scheduling impact, ship class impact, and consequences if disapproved.

Technical Data Provide Technical Data Package The Contractor shall refer to the “Dive Support Boat Specification” for identification and criteria for data required for delivery under this Contract. The Contractor shall contact the Government with any questions of scope or content required to meet data needs.

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.

Boat Production Basic Dive Support Boat

(a) Each DSB shall be built to comply with performance requirements as defined in the attachment 1 “Dive Support Boat Specification.”

(b) Any additional feature to the DSB shall only be installed when the optional CLINs are awarded at time of the Delivery Order.

Boat Design and Production

(a) The Contractor shall follow their standard manufacturing processes, in accordance with best industry practices, to design, build, integrate, test, and deliver DSB to the Government. DSB shall be produced in compliance with performance requirements as defined in the “Dive Support Boat Specification.”

(b) Any major risks or issues that will cause impact to the production delivery schedule or technical performance of the DSB shall be brought to the attention of the Government as appropriate.

Ancillary Equipment

(a) The Contractor shall procure and deliver OEM equipage as defined in the “Dive Support Boat Specification” as either an item installed on the boat(s) or shipped separately. The Contractor shall provide adequate protection for any OEM components or equipment procured for integration onto the boats.

(b) The integrated components shall be delivered in like-new condition to the Government as part of the final delivered boats.

Boat Enhancements In addition to the basic boat configuration, the Government may order additional boat enhancements to support the various facilities receiving a given DSB. These options will be included as part of the initial delivery order for a given DSB to allow for forward planning of equipment installation into the production cycle.

Bauer Air Compressor GFE Installation

(a) The Contractor shall notify the Government of a need-by date to receive a Bauer Air compressor as defined in “Dive Support Boat Specification” 592-1 for installation onto a base boat.

(b) The Contractor shall install the Bauer air compressor onto the base boat in the designed location per OEM and builder requirements.

Bauer Air Compressor Procurement and Installation

(a) The Contractor shall procure a Bauer Air compressor as defined in “Dive Support Boat Specification” 592-1 to be integrated onto the DSB.

(b) The Contractor shall install the Bauer air compressor onto the base boat, in the designed location, per OEM and builder requirements.

Bow Thruster The Contractor shall procure and install a bow thruster into the base boat. The bow thruster shall be IAW “Dive Support Boat Specification” requirement 561-1.

Extreme Cold Weather Package The Contractor shall procure and install additional heating and aft deck work area siding to support work in extreme cold weather. This package shall be provided in addition to materials provided as part of the base boat requirements. The added requirements for the extreme cold weather package shall be IAW “Dive Support Boat Specification” requirement 169-4 and 512-7.

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.

Builders Tests The Contractor shall be responsible for conducting all tests and certifications as specified in the “Dive Support Boat 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.

Pre-Delivery Inspections and Trials

(a) The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on selected boats. These trials shall be conducted in accordance with (IAW) Requirement 094 as outlined in the “Dive Support Boat Specification.”

(b) The Contractor shall provide thirty (30) days notice of the date of PDIT, and it is recommended that the Contractor schedule PDIT no later than three (3) weeks prior to the contracted delivery date to allow sufficient time for required evolutions (i.e. PDIT discrepancies corrections, shipping, and receipt at destination). Scheduling in this manner will ensure contracted delivery dates are met.

(c) FAR Clause 52.246-2(e)(1) will be exercised at Government’s discretion for potential Contractor liabilities if PDIT cannot be satisfactorily performed after arrival of the Government PDIT team on-site. A typical PDIT takes place over 3- ½ days.

Delivery Shipping Location The Contractor shall deliver the DSB to either east or west coast locations as defined in Section E below. The Government will identify a delivery location for each DSB and order delivery options as part of each delivery order. This will allow the Contractor to plan for production based upon the agreed final destination.

Shipping Requirements The Contractor shall safely delivery each DSB to the option awarded location as specified in the delivery order. The Contractor shall be responsible for ensuring the DSB is delivered in original condition and still meets “Dive Support Boat Specification” requirements upon delivery.

Preservation If time between acceptance and delivery exceeds 3 months then contractor should preserve machinery IAW OEM instructions. Re-activation instructions shall be secured to the helm of the vessel.

Logistics Initial and Follow-on Spares

(a) The Contractor shall provide initial spares as outlined in Attachment 4 “Initial Spares.” 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. The Contractor shall provide a Vendor Recommended Spares List for twelve months of operation for one boat, based upon the Contractor’s boat design. Providing such list in no way obligates the Government to purchase any items. The Government will use the Vendor Recommended Spares List throughout the contract execution as a recommendation for contractual updates to Attachment 4 “Initial Spares.”

(c) Delivery. Unless otherwise specified, all spares shall be packaged and shipped securely with the DSB. 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.

Crew Familiarization

(a) Crew familiarization on boat operations, main equipment operations and maintenance shall be provided. This training shall include builder and OEM training in real world environments, utilizing the Boat Technical Manual content as the course and student guide.

(b) Course content shall include, but not be limited to, an overview of the boat’s basic Hull Mechanical and Electrical (HM&E) Systems, Navigation System, and Communications systems, startup/operation/shut down procedures, basic trouble-shooting, preventative maintenance and general emergency procedures.

(c) One hard copy of the Boat Technical Manual shall be provided to each student. The crew familiarization course shall address component change-out procedures for items that are part of systems or major equipment, such as items in: Engines, Transmissions, Generators, Bow thruster, piping and mechanical systems, Air Conditioners, Electrical Systems (DC and AC), Navigation System, Communication System.

(d) Underway operations shall include but not be limited to: boat start-up, close quarter maneuvering, anchoring, towing, docking, and shutdown. Crew Familiarization Training shall be a minimum of one week at Customer's location in the United States for up to ten (10) students. The Contractor shall provide all training materials.

Unique Item Identification (UID) The contractor shall follow the guidelines outlined in Attachment 7, “Unique Item Identification” in application of UID labeling on the DSB.

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.

Contract Specific Clauses No Substitution of Outfitting and Equipment

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

(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.

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.

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.

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 dated 22 August 2013 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.

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)

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)

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

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

(1) The support contractor not disclose any information;

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

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

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

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

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors are free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, E Business Division for contractor specifics.) However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.