N00024-14-R-6204-0007.pdf

N0002413NR99390

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

Please see the follow ing pages.

1. CONTRACT ID CODE PAGE OF PAGES

L 1 6

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

16C. DATE SIGNED

BY 17-Jun-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 N00024-14-R-6204

X 9B. DATED (SEE ITEM 11)

21-Apr-2014

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 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

17-Jun-2014

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2050

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00024-14-R-6204

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

RFP MODIFICATION 7

Solicitation N00024-14-R-6204 Q&A Modification 7 Question 35 Reference Section I, page 108, FAR 52.246-18 Warranty of

Supplies of a Complex Nature (MAY 2000) (NAVSEA Variation) (MAY 1993). WRT to the period of contractor non-responsibility for failure of items under the warranty period, was it the Government’s intent to bound the period to a total of two years? For instance, if an item is installed at 1.5 years, is that item’s warranty bounded at two years or is the period for “one year after installation” added to the end of the period for a total of 2.5 years?

Answer 35 The warranty period shall not exceed two years after acceptance. In Amendment N00024-14-R-6204-0007, see modification to Section D clause HQ D-1-0006 Warranty Notification and Section I to Clause 52.246-18 WARRANTY

OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(NAVSEA VARIATION) (MAY 1993).

Question 36 Does the Government desire warranty pricing per mast or one total price for all delivered masts?

Answer 36 Per Section C of RFP N00024-14-R-6204, if Item 0009 is exercised, the Contractor shall warranty items delivered under Contract Line Item Numbers 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA in accordance with the warranty provisions of this contract as specified in Section I.

Per Section L of RFP N00024-14-R-6204, Offerors shall propose a price for an optional warranty that, if exercised, shall be honored in accordance with 52.246-18

WARRANTY OF SUPPLIES OF A COMPLEX NATURE

(MAY 2001) (NAVSEA VARIATION) (MAY 1993). Thus the proposed firm fixed price for Item 0009 is the price to warranty all items cited in 52.246-18 WARRANTY OF

SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(NAVSEA VARIATION) (MAY 1993).

SECTION D - PACKAGING AND MARKING

The following have been modified:

WARRANTY NOTIFICATION FOR ITEM(S) 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA- (NAVSEA) (NOV 1996)

APPLICABLE ONLY IF ITEM 0009 IS EXERCISED

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

THIS ITEM WARRANTED UNDER CONTRACT

______TBD________ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS

AND BE FREE FROM DEFECTS IN MATERIAL AND

WORKMANSHIP FOR TWO YEARS FROM DATE OF ACCEPTANCE

OR ONE YEAR AFTER INSTALLATION OF

EQUIPMENT ON AN OPERATIONAL SUBMARINE. THE WARRANTY

PERIOD SHALL NOT EXCEED TWO YEARS AFTER DATE OF ACCEPTANCE.

IF ITEM IS DEFECTIVE NOTIFY PMS 435 AND PCO.

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) (NAVSEA VARIATION) (MAY 1993)

APPLICABLE ONLY IF ITEM 0009 IS EXERCISED

(a) Definitions. As used in this clause:

(1) "Design and manufacturing requirements" include drawings, specifications, statements of work, structural and engineering plans, and manufacturing particulars, including precise measurements, tolerances, processes, materials, and finished product tests;

(2) "Essential performance requirements" means the operating capabilities and maintenance and reliability characteristics specified in the specification and/or statement of work; "essential performance requirements" does not include performance characteristics that are described as goals or objectives;

(3) "Alternate source contractor" means a contractor which did not develop the portion of the design requiring redesign;

(4) A unit shall be considered to have been "manufactured" when it has been accepted by the Government (either finally or conditionally); and

(5) "At no additional cost to the United States" means at no increase in target price or ceiling price.

(b) Notwithstanding inspection and/or acceptance by the Government of the supplies furnished under this contract, any term or condition of this contract concerning the conclusiveness thereof, or any other term or condition of this contract, the Contractor warrants:

(1) That line item(s) 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA will conform to the design and manufacturing requirements of the contract;

(2) That line item(s) 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA, at the time of acceptance by the Government, will be free from all defects in design materials and workmanship; and

(3) That line item(s) 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA will conform to the essential performance requirements of the contract; provided, however, that with respect to Government-furnished property, the Contractor's above-stated warranties shall extend only to its proper installation, unless the Contractor performs some modification or other work on such property, in which case the Contractor's warranties shall extend to such modification or other work.

(c) The Contractor shall not be responsible under these warranties for any failure of line item(s) 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA to meet the conditions specified in (b)(1), (b)(2) or (b)(3), above, which is discovered more two years from date of acceptance or one year after installation of equipment on an operational submarine. The Warranty period shall not exceed two years after date of acceptance.

(d) Notwithstanding any other term or condition contained in this contract, in the event of a failure to comply with any of the warranties provided herein, the Contractor shall, at the election of the Government:

(1) Promptly take such action as may be necessary (e.g., repair, replace and/or redesign) to correct or, if so directed by the Government, partially correct the defect responsible for the failure at no additional cost to the United States. However, for alternate source contractors, redesign shall not be a remedy available to the Government if the alternate source contractor has not manufactured, at the time of agreement on the price of line item(s) 0101AB, 0101AC, 0102AB, 0102AC, 0104AA, 0105AA, 0201AB, 0201AC, 0202AB, 0202AC, 0203AA, 0204AA, 0301AB, 0301AC, 0302AB, 0302AC, 0303AA, 0304AA, 0401AB, 0401AC, 0402AB, 0402AC 0403AA, and 0404AA, the first ten percent of the eventual total production quantity anticipated to be acquired from that alternate source contractor;

(2) Pay costs reasonably incurred by the United States in taking such correction action; and

(3) Provide an equitable adjustment in target price or ceiling price in lieu of full correction of the failure.

(e) In seeking the remedies specified in (d)(1), (d)(2) or (d)(3) above, the Government may elect to exercise any one or combination of the specified remedies.

(f) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (c) of this clause and shall run from the date of final acceptance of the corrected or replaced supplies.

(g) The Contractor shall prepare and furnish to the Government data and reports applicable to any correction required under this clause (including the revision and updating of all affected data called for under this contract) at no additional cost to the United States. If the Contractor fails to prepare and furnish such data and/or reports or should the Government elect no to secure such data from the Contractor or another source, the Contractor shall pay costs reasonably incurred by the Government in acquiring such data and/or reports, or the Government shall be entitled to an equitable adjustment in target price or ceiling price.

(h) When items covered by these warranties are returned to the Contractor pursuant to this clause, the Contractor shall pay the transportation costs and bear the risk of loss or damage from the place of delivery specified in the contract (irrespective of the f.o.b. point or point of acceptance) to the Contractor's plant and return to said place of delivery.

(i)The Contractor shall be notified in writing of any breach of the warranties set forth in paragraph (a) above within 30 days after discovery of the breach. The failure of the Contracting Officer to so provide timely notice of the breach, however, shall not diminish the rights the Government would otherwise have under this clause or any other term or condition of this contract.

(j) Notwithstanding any disagreement regarding the existence of a warranty breach, the Contractor shall promptly comply with any partial corrective action. In the event it is later determined that there was no warranty breach, the target price or ceiling price shall be equitably adjusted.

(k) The warranty provisions herein of this clause no not cover combat damage, liability for loss, damage, or injury to third parties, or consequential damages.

(l) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights the Government may have under any other requirement of the contract. Disputes arising under this clause will be resolved in accordance with the clause entitled "DISPUTES" (FAR 52.233-1).

(m) The failure of the Government to assert its right under this clause with respect to any particular breach or breaches of a warranty provided herein shall not waive or otherwise diminish the Government's rights with respect to any subsequent breach of a warranty.

(End of Summary of Changes)