Formal_RFP_Release_-__N00024-15-R-6400.pdf

CODE

(Hour)

PAGE(S)

until 12:00 PM local t ime 27 May 2015

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G F 144 - 161

162 - 203 X H 204 - 220 shanna.laging@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO A5 1 220

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00024 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 10 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section L, Paragraph 1.2 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

SHANNA M. LAGING 202-781-0917

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 43

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

44 - 93 94 - 97

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

98 - 105

106 - 108 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 109 - 112 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 113 - 117 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

118 - 141

PART II - CO NTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2060

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

142 - 143

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

09 Apr 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-15-R-6400

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

7 Each

MK48 MOD 7 G&C Section POM/First Article

FPI

Base Year - MK48 MOD 7 G&C Section Proof of Manufacture (POM) Units / First Article (Note A) FOB: Origin

TARGET COST

TARGET PROFIT

TOTAL TARGET PRICE

CEILING PRICE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

MK48 MOD 7 CBASS Upgrade Kits

POM

FFP

2 Each

Base Year - MK48 MOD 7 CBASS Upgrade Kits POM

NET AMT

MK48 MOD 7 G&C Section

Each

Base Year - MK48 MOD 7 G&C Section (Note F)

STEPLADDER PRICING

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK48 MOD 7 G&C Section Base

0003 1.00 20.00

Base Year - MK48 MOD 7 CBASS Upgrade Kits (Note F)

MK48 MOD 7 CBASS

Upgrade Kits

0004 10.00 90.00

Factory Test Equipment

Lot

Base Year - Factory Test Equipment (Note F)

Factory Test Equipment 0005 1.00 6.00

OPTION Other Direct Costs

COST

Base Year - Other Direct Costs

ESTIMATED COST

MK48 MOD 7 Data

Base Year - MK48 MOD 7 Data - Not Separately Priced (NSP)

80,000 Hours

OPTION Engineering Services and Support Base Year - Engineering Services and Support (Note B and E)

CPFF

FIXED FEE

TOTAL EST COST + FEE

8,000 Hours

OPTION Hardware Repair and Maintenance Base Year - Hardware Repair and Maintenance (Note C and E)

Spare Components

1 Lot

OPTION Base Year - Spare Components

MK48 MOD 7 Production Support Material

OPTION Base Year - MK48 MOD 7 Production Support Material (PSM)

Provisioned Items Orders (PIO)

OPTION Provisioned Items Orders (PIO) for Factory Test Equipment Component Spares (Note G)

MK48 MOD 7 CBASS Upgrade Kit Pre-

POM

4 Each

Base Year - MK48 MOD 7 CBASS Upgrade Kit Pre-POM

Small Business Subcontracting Incentive

OPTION Base Year - Small Business Subcontracting Incentive (Note D)

Reserved

OPTION Base Year - MK48 MOD 7 G&C Section (Note F)

MK48 MOD 7 G&C Sections 0103 1.00 50.00

OPTION Base Year - MK48 MOD 7 CBASS Upgrade Kits (Note F)

MK48 MOD 7 CBASS

0104 10.00 90.00

OPTION Base Year - Factory Test Equipment (Note F)

Factory Test Equipment 0105 1.00 6.00

Option Year 1 - Other Direct Costs

Base Year - Engineering Services and Support (Note B and E)

Base Year - Hardware Repair and Maintenance (Note C and E)

OPTION Option Year 1 - Spare Components

OPTION Option Year 1 - MK48 MOD 7 Production Support Material

MK48 MOD 7 G&C Sections 0203 1.00 50.00

MK48 MOD 7 CBASS

0204 10.00 90.00

Factory Test Equipment 0205 1.00 6.00

Option Year 2 - Other Direct Costs

Base Year - Engineering Services and Support (Note B and E)

Base Year - Hardware Repair and Maintenance (Note C and E)

OPTION Option Year 2 - Spare Components

OPTION Option Year 2 - MK48 MOD 7 Production Support Material (PSM)

MK48 MOD 7 G&C Section 0303 1.00 100.00

MK48 MOD 7 CBASS

0304 10.00 90.00

Factory Test Equipment 0305 1.00 6.00

Option Year 3 - Other Direct Costs

Base Year - Engineering Services and Support (Note B and E)

Base Year - Hardware Repair and Maintenance (Note C and E)

OPTION Option Year 3 - Spare Components

OPTION Option Year 3 - MK48 MOD 7 Production Support Material (PSM)

MK48 MOD 7 G&C Section 0403 1.00 100.00

MK48 MOD 7 CBASS

0404 10.00 90.00

Factory Test Equipment 0405 1.00 6.00

Option Year 4 - Other Direct Costs

Option Year 4 - Engineering Services and Support (Note B and E)

Base Year - Hardware Repair and Maintenance (Note C and E)

OPTION Option Year 4 - Spare Components

OPTION Option Year 4 - MK48 MOD 7 Production Support Material (PSM)

NOTE A

The Contractor shall propose a Fixed Price Incentive (FPI) structure for these item(s).

The Contractor shall propose within the following Government/Contractor shareline boundaries:

CLIN UNDERRUN OVERRUN

0001 50/50 50/50

Ceiling Price – 125% of Target Cost.

NOTE B

The Government may issue Technical Instructions in accordance with NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999) included in Section H of this contract. The Government estimate for Engineering Services is approximately 80,000 man-hours during the base and all option years. These are estimated amounts of labor hours, and do not indicate that the Government will necessarily require this amount or any at all. These CLINs are Cost Plus Fixed Fee (CPFF). The Government anticipates funding efforts under this CLIN using WPN, OM&N, and RDT&E. Additional SLINs will be added as required. Any Other Direct Costs associated with the performance of Technical Instructions shall be reimbursed on CLINs 0006, (IF OPTIONS EXERCISED) 0106, 0206, 0306, and 0406. The fully burdened labor rates proposed in Table L-2 for CLINs 0008, 0108, 0208, 0308, and 0408 will be incorporated into the resultant Contract in Section B to be used on all work efforts performed under these CLINs.

NOTE C

The Government may issue Technical Instructions in accordance with NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999) included in Section H of this contract. The Government Estimate is approximately 8,000 man-hours per year for Hardware Repair and Maintenance as described in Section C. This is an estimated amount of labor hours, and does not indicate that the Government will necessarily require this amount or any at all.

These CLINs are Cost Plus Fixed Fee (CPFF). Any Other Direct Costs associated with the performance of Technical Instructions shall be reimbursed on CLINs 0006(IF OPTIONS EXERCISED), 0106, 0206, 0306, and 0406. The fully burdened labor rates proposed in Table L-2 for CLINs 0009, 0109, 0209, 0309, and 0409 will be incorporated into the resultant Contract in Section B to be used on all work efforts performed under these CLINs.

NOTE D

SMALL BUSINESS SUBCONTRACTING INCENTIVE: CLIN0014

(a) Objective:

PEO Submarine is committed to increasing small business participation in submarine system and subsystem development, production and support efforts consistent with cost/benefit considerations and attainment of acquisition objectives. Therefore, the Contractor may earn a Small Business Subcontracting Incentive Fee (SBSIF) under this contract for exceeding the Subcontracting Goals identified in the table below. The specifics for evaluation of the SBSIF are set forth in paragraphs that follow.

(b) Subcontracting Goals:

The following table identifies the percentages against which the Contractor’s performance for the purposes of the SBSIF will be measured for the evaluation periods.

Goal*

Small Business (SB) 5.0%

HUBZone Small Business (HUBZone) 1.0%

Service-Disabled Veteran-Owned Small Business (SDVOSB) 3.0%

Small Disadvantaged Business (SDB) 5.0%

Women-Owned Small Business (WOSB) 5.0%

Historically Black Colleges & Universities and Minority Institutions

(HBCU)

3.0%

*Base for measurement is total subcontract dollars.

(c) Periods and SBSIF Available:

The SBSIF is available for each column in the table below. The evaluation will be based on the value of small business subcontracting under each column up through delivery of the last system. The SBSIF pools for each category in each year will be calculated by applying the percentages specified in the table below to the total amount obligated on the specified

Contract Line Item Number (CLIN).

*Percentages Apply to Each Separate Column as defined below.

Subcontract Category Base

CLIN 0001,

0002, 0003, *Option 1

CLIN 0103,

*Option 2

CLIN 0203,

*Option 3

CLIN 0303,

*Option 4

CLIN 0403,

SB 0.05 % 0.05 % 0.05 % 0.05 % 0.05 %

HUBZone 0.01 % 0.01 % 0.01 % 0.01 % 0.01 %

SDVOSB 0.01 % 0.01 % 0.01 % 0.01 % 0.01 %

SDB 0.01 % 0.01 % 0.01 % 0.01 % 0.01 %

WOSB 0.01 % 0.01 % 0.01 % 0.01 % 0.01 %

HBCU 0.01 % 0.01 % 0.01 % 0.01 % 0.01 %

*If and to the extent exercised in accordance with FAR 52.217-7 entitled “OPTION FOR INCREASED

QUANTITY—SEPARATELY PRICED LINE ITEM.”

(i) The Contractor may earn the amount available under each category if its subcontracting percentage meets or exceeds the goal for each category established in paragraph (b) above.

(ii) The Contractor will not earn any of the amounts available if its subcontracting percentage is below the goal for the applicable category established in paragraph (b) above.

(iii) The incentive categories under this clause will be earned or not earned on an individual basis. Failure to earn the amount available under one or more of the categories does not preclude the Contractor from earning the amount available under the remaining category/categories.

(d) SF294 Subcontracting Reports:

The Contractor, unless a small business itself, shall submit semi-annual SF294s Subcontracting Report for Individual Contracts submitted by the Contractor even if under a Comprehensive Plan that does not normally require SF294s.

(e) Procedures:

1. Within one month of completion of effort and delivery of the last AUR Production Restart G&C Section or

CBASS Upgrade Kit (whichever is later) under each separate effort identified in paragraph (c), the Contractor shall submit to the Contracting Officer in writing a self-evaluation of its performance under this clause. This self-evaluation will include, at a minimum, the SF 294s for the period and any other data used by the Contractor in determining its self-evaluation.

2. Within fifteen (15) working days of receipt of the Contractor’s self-evaluation, the Contracting Officer’s Representative (COR) will review and evaluate the Contractor’s self-evaluation to determine if all required data was provided and if any SBSIF was earned. If the Contractor’s input is inadequate the COR shall ask the Contractor to correct the inadequacies of their self-evaluation and to resubmit a revised self-evaluation.

3. Within thirty (30) working days of receipt of the Contractor’s self-evaluation or revised self-evaluation, the COR will meet with the PCO to make a final determination of whether any such SBSIF has been earned.

The PCO will issue a unilateral modification providing earned SBSIF. Determinations made under this paragraph are unilateral decisions made solely at the discretion of the Government.

4. No Small Business Subcontracting Incentive Fee will be earned unless the Contractor is making timely deliveries and is in compliance with the specifications for the hardware being acquired. The PCO will make the determination of whether the Contractor has met this prerequisite to be considered for the SBSIF. In the event that the PCO determines that the Contractor’s performance is not satisfactory, the Contractor will not be eligible for the SBSIF.

(f) Finality of PCO’s Determination:

The parties agree that determinations of the PCO with respect to the amount of SBSIF to be paid to the Contractor are unilateral decisions made solely at the discretion of the Government. Notwithstanding anything else in this incentive or contract, a payment under this incentive is not incurred or earned until the effective date of a written contract modification.

(g) Payment of SBSIF:

The Contractor will be paid the SBSIF amount(s) earned upon submittal of proper invoices to the cognizant Payment Office. The Contractor’s invoice shall show the amount of SBSIF payable by contract line item. The Contractor’s invoice must cite the appropriate accounting data in order for payment to be effected.

(h) Single Point of Contact:

The Contractor shall establish a single point of contact to deal with the Government on its small business subcontracting activities relating to this contract. The Government encourages the Contractor to pursue activities that will support increasing the level of small business subcontracting participation under this contract including, but not limited to, internal education and training, participation in matchmaking conferences and other outreach efforts, and the use of SUB-Net to post subcontracting opportunities.

NOTE E

Level of effort Item in accordance with NAVSEA Provision 5252.216.9122 entitled “LEVEL OF EFFORT” ALT 1 to the Contract. The hours shown in the schedule are the maximum hours for each CLIN to be performed within the period established under Section F of the contract entitled “DELIVERIES OF PERFORMANCE” and include both prime and subcontracts hours.

NOTE F

These CLINs consist of stepladder quantities which may range from the stated minimum quantities through the stated maximum quantities for each respective CLIN. Maximum steps are provided for each respective CLIN and shall not be exceeded. Offerors shall provide stepladder pricing in the “Stepladder Pricing Table”.

STEPLADDER GUIDELINES

Stepladder guidelines for CLIN 0003:

Minimum Quantity: 1 Maximum Quantity: 20 Maximum Number of Steps: 4

Stepladder guidelines for CLINs 0103 and 0203:

Maximum Quantity: 50 Maximum Number of Steps: 6

Stepladder guidelines for CLINs 0303 and 0403:

Maximum Quantity: 100 Maximum Number of Steps: 8

Stepladder guidelines for CLINs 0004, 0104, 0204, 0304, and 0404:

Minimum Quantity: 10 Maximum Quantity: 90 Maximum Number of Steps: 8

Stepladder guidelines for CLINs 0005, 0105, 0205, 0305, and 0405:

Minimum Quantity: 1 Maximum Quantity: 6 Maximum Number of Steps: 3

STEPLADDER PRICING TABLE (TO BE FILLED IN BY OFFEROR)

STEPLADDER NAME ITEM

NO

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

MK48 MOD 7 G&C

Section Base 0003 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 1 - MK48 MOD 7 G&C Section 0103 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 2 - MK48 MOD 7 G&C Section 0203 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 3 - MK48 MOD 7 G&C Section 0303 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 4 - MK48 MOD 7 G&C Section 0403 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

MK48 MOD 7 CBASS

Upgrade Kits 0004 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 1 - MK48 MOD 7 CBASS Upgrade Kits

0104 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 2 - MK48 MOD 7 CBASS Upgrade Kits

0204 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 3 - MK48 MOD 7 CBASS Upgrade Kits

0304 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 4 - MK48 MOD 7 CBASS Upgrade Kits

0404 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Factory Test Equipment 0005 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 1 - Factory Test Equipment 0105 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 2 - Factory Test Equipment 0205 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 3 - Factory Test Equipment 0305 1

Step Number

FROM

QUANTITY TO QUANTITY UNIT

PRICE

Option Year 4 - Factory Test Equipment 0405 1

NOTE G

The Optional Provisioned Item Order (PIO) for Factory Test Equipment Component Spares CLIN 0012 will be implemented by separate contract modifications in accordance with Section C: PROVISIONED ITEMS ORDERS (NAVSEA) (APR 1999). Pricing will be set forth on each order. Offerors shall propose a profit percentage in the table below. The proposed profit percentage will be utilized on all orders issued under CLIN 0012.

Proposed Profit Percentage

CLIN 0012 – PIO %

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(APPLICABLE TO ALL CLINS)

(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

HQ B-2-0007 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)

(APPLICABLE TO CLINs 0006, 0008, 0009, 0106, 0108, 0109, 0206, 0208, 0209, 0306, 0308, 0309, 0406, 0408, 0409)

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

HQ B-2-0012 PAYMENT FOR ENGINEERING SERVICES AND SUPPORT (NAVSEA) (JAN 2008)

(APPLICABLE TO OPTION CLINs (IF EXERCISED) 0006, 0008, 0009, 0106, 0108, 0109, 0206, 0208, 0209, 0306, 0308, 0309, 0406, 0408, 0409)

(a) Invoices for engineering services and overtime shall contain the name(s) of engineer(s), date(s) and place(s) of performance, and a brief description of the services performed. This information may be included in the Comments tab of the applicable WAWF document. Each invoice shall be accompanied by a copy of the authorization for services and the original certification of performance. These documents may be attached to the invoice as described in the Invoice Instructions in Section G. A copy of each invoice shall be furnished to the applicable NAVSEA/DRPM/PEO code identified in Section C under Engineering Services.

(b) Invoices for subsistence and transportation shall be supported by a statement of actual costs incurred by the Contractor and claimed to be reimbursable and shall be in such form and reasonable detail as required by the cognizant Defense Contract Audit Agency (DCAA). The Government shall make provisional payment after submission of each invoice and statement of costs. At any time prior to final payment, DCAA may audit the invoice(s) and statement(s) of costs, as appropriate.

(c) Each provisional payment for subsistence and transportation costs shall be subject to reduction to the extent any amount included in the related invoice and statement of costs is found not to be reimbursable under the support item(s) and shall also be subject to reduction for overpayment or to increase for underpayment on preceding invoices. Any disputes under this requirement shall be determined in accordance with the clause of this contract entitled "DISPUTES"

(FAR 52.233-1).

HQ B-2-0015 PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010) (APPLICABLE TO OPTION CLINs (IF EXERCISED) 0008, 0009, 0108, 0109, 0208, 0209, 0308, 0309, 0408, and 0409)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of effort type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable, and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.

HQ B-2-0017 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)

(APPLICABLE TO OPTION CLINs (IF EXERCISED) 0010, 0011, 0110, 0111, 0210, 0211, 0310, 0311, 0410, and 0411)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1).

(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

HQ B-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (DEC 2005)

(APPLICABLE TO CLINs (IF EXERCISED) 0006, 0106, 0206, 0306, and 0406)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incident to relocation are allowable to the extent provided in FAR 31.205-35;

however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incident to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

HQ B-2-0023 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST/FIXED PRICE) (FEB 1997)

(APPLICABLE TO ALL CLINS)

This contract includes the following mixture of cost reimbursement and fixed price line items:

CLIN Type (FPI, FFP, CPFF, COST ONLY, NSP, RESERVERD CLINs)

0001 FPI

0002, 0003, 0004, 0005, 0010, 0011, 0012, 0013, 0014, 0103, 0104, 0105, 0110, 0111, 0203, 0204, 0205, 0210, 0211 0303, 0304, 0305, 0310, 0311 0403, 0404, 0405, 0410, 0411

FFP

0008, 0009 0108, 0109 0208, 0209 0308, 0309 0408, 0409

CPFF

0006, 0106, 0206, 0306, COST ONLY

0007 NSP

0101, 0102, 0107, 0112, 0113, 0114 0201, 0202, 0207, 0212, 0213, 0214 0301, 0302, 0307, 0312, 0313, 0314 0401, 0402, 0407, 0412, 0413, 0414

RESERVED

Section C - Descriptions and Specifications

PART 1: CLIN DESCRIPTIONS

CLIN 0001 – MK48 MOD 7 G&C Section Proof of Manufacture (POM)/First Article The Contractor shall perform non-recurring engineering (NRE) design and redesign due to obsolescence, fabricate and/or procure, assemble, test and deliver MK48 Mod 7 Guidance and Control (G&C) Sections, part number 7054104 (Attachment 1). The G&C Sections shall consist of all parts in drawings 7054104, 7054105, and 7054106, provided in Attachment 1, except for the changed part numbers as listed below.

The Contractor shall fabricate and/or procure, assemble, test and deliver the Guidance and Control Box (GCB) to the requirements of the Mod 7 GCB Critical Item Performance Specification (CIPS) 8595311 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Broadband Sonar Analog Receiver (BSAR) to the requirements of the Mod 7 BSAR CIPS 8595317 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Pre-Amplifier to the requirements of the Mod 7 Pre-Amplifier CIPS 8595318 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Nose Array to the requirements of assembly drawing number 6879925 (Attachment 1) and test to the requirements of specification 8595315(Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Transmitter to the requirements of assembly drawing number 5728260 (Attachment 1) and test to the requirements of specifications 6238849 (Attachment 1), 6238850 (Attachment 1), 6238852 (Attachment 1), and 8595319 (Attachment 1).

The Contractor shall fabricate and/or procure, test and deliver the Inertia Measurement Unit (IMU) to the requirements of the IMU source control drawing 8475547 (Attachment 1). Source control drawing 8475547 replaces assembly number 6240279 listed in drawing 7054105.

The Contractor shall fabricate and/or procure, assemble, test and deliver the Tuning Box to the requirements of assembly drawing number 8619933 (Attachment 1). Assembly drawing number 8619933 replaces assembly number 5856624 listed in drawing 7054106.

The Contractor shall fabricate and/or procure, assemble, test and deliver the Depth Sensor Assembly (DSA) to the requirements of assembly drawing number 8475700 (Attachment 1). Assembly drawing number 8475700 replaces assembly drawing number 5856460 listed in drawing 7054105.

The Contractor shall fabricate and/or procure, assemble, test and deliver the Wirelink to the requirements of assembly drawing number 8619940. Assembly drawing number 8619940 (Attachment 1) replaces assembly drawing number 5728320 listed in drawing 7054105.

The Contractor shall fabricate and/or procure, assemble, test and deliver the Mod 7 Torpedo cable assemblies, identified in the Contract Baseline (Attachment 1) to the requirements of the Type 1 Cable Performance Specification 6934929 (Attachment 1). With the exception of Type 1A cables, paragraphs 3.2.1.2.1 and 4.8.2 of the performance specification shall be 600 VRMS in lieu of 1000 VRMS.

The Contractor shall fabricate and/or procure, assemble, test and deliver all other material contained in parts lists 7054104, 7054105, and 7054106 (Attachment 1) required to build the G&C Section.

The Contractor shall perform NRE design and redesign due to obsolescence as necessary in order to make the deliverables detailed in CLINs 0002, 0005, and 0013 production ready.

CLIN 0002 – MK48 MOD 7 CBASS Upgrade Kits POM The Contractor shall fabricate and/or procure, assemble, test and deliver MK48 Mod 7 CBASS Upgrade Kits. The CBASS Upgrade Kit shall consist of a Guidance and Control Box (GCB), Broadband Sonar Analog Receiver (BSAR), Pre-Amplifier, Cable assemblies, and CBASS Kit Materials.

The Contractor shall fabricate and/or procure, assemble, test and deliver the GCB to the requirements of the Mod 7 GCB CIPS 8595311 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the BSAR to the requirements of the Mod 7 BSAR CIPS 8595317 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Pre-Amplifier to the requirements of the Mod 7 Pre-Amplifier CIPS 8595318 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Mod 7 CBASS Upgrade Kit Torpedo cable assemblies, identified as “CBASS Kit” cables in the Contract Baseline, to the requirements of the Type 1 Cable Performance Specification 6934929 (Attachment 1). With the exception of Type 1A cables, paragraphs

3.2.1.2.1 and 4.8.2 of the performance specification shall be 600 VRMS in lieu of 1000 VRMS.

The Contractor shall fabricate and/or procure, assemble, test and deliver the CBASS Kit Materials to the requirements of the drawings specified in Exhibit E.

The NRE associated for these deliverables shall be included in CLIN 0001.

CLIN 0003, and (IF OPTIONS ARE EXERCISED) CLINs 0103, 0203, 0303, and 0403 – MK48 MOD 7 G&C Section The Contractor shall fabricate and/or procure, assemble, test and deliver MK48 Mod 7 G&C Sections, part number 7054104 (Attachment 1). The G&C Sections shall consist of all parts in drawings 7054104, 7054105, and 7054106, provided in Attachment 1, except for the changed part numbers as listed below.

The Contractor shall fabricate and/or procure, assemble, test and deliver the Guidance and Control Box (GCB) to the requirements of the Mod 7 GCB Critical Item Performance Specification (CIPS) 8595311 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Broadband Sonar Analog Receiver (BSAR) to the requirements of the Mod 7 BSAR CIPS 8595317 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Pre-Amplifier to the requirements of the Mod 7 Pre-Amplifier CIPS 8595318 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Nose Array to the requirements of assembly drawing number 6879925 (Attachment 1) and test to the requirements of specification 8595315 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Transmitter to the requirements of assembly drawing number 5728260 (Attachment 1) and test to the requirements of specifications 6238849 (Attachment 1), 6238850 (Attachment 1), 6238852 (Attachment 1), and 8595319(Attachment 1).

The Contractor shall fabricate and/or procure, test and deliver the Inertia Measurement Unit (IMU) to the requirements of the IMU source control drawing 8475547 (Attachment 1). Source control drawing 8475547 replaces assembly number 6240279 (Attachment 1) listed in drawing 7054105 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Tuning Box to the requirements of assembly drawing number 8619933 (Attachment 1). Assembly drawing number 8619933 replaces assembly number 5856624 listed in drawing 7054106 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Depth Sensor Assembly (DSA) to the requirements of assembly drawing number 8475700 (Attachment 1). Assembly drawing number 8475700 replaces assembly drawing number 5856460 listed in drawing 7054105(Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Wirelink to the requirements of assembly drawing number 8619940 (Attachment 1). Assembly drawing number 8619940 replaces assembly drawing number 5728320 listed in drawing 7054105 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Mod 7 Torpedo cable assemblies, identified in the Contract Baseline (Attachment 1) to the requirements of the Type 1 Cable Performance Specification 6934929 (Attachment 1). With the exception of Type 1A cables, paragraphs 3.2.1.2.1 and 4.8.2 of the performance specification shall be 600 VRMS in lieu of 1000 VRMS.

The Contractor shall fabricate and/or procure, assemble, test and deliver all other material contained in drawings 7054104, 7054105, and 7054106 (Attachment 1) required to build the G&C Section.

Applicable to FMS units: The Contractor may, per DFARS 225.7303-2, submit their negotiated offset agreement to the PCO at the time of Letter of Offer and Acceptance (LOA) approval prior to or after contract award. With concurrence from PMS404, the Contracting Officer will review and approve adjustments to CLIN/SLIN FMS pricing IAW DFARS 225.7303-2 for which the offset agreement has been negotiated between the Country and the Contractor.

CLIN 0004, and (IF OPTIONS ARE EXERCISED) CLINs 0104, 0204, 0304, and 0404 – MK48 MOD 7 CBASS Upgrade Kits The CBASS Upgrade Kit shall consist of a Guidance and Control Box (GCB), Broadband Sonar Analog Receiver (BSAR), Pre-Amplifier, Cable assemblies, and CBASS Kit Materials.

The Contractor shall fabricate and/or procure, assemble, test and deliver the GCB to the requirements of the Mod 7 GCB CIPS 8595311 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the BSAR to the requirements of the Mod 7 BSAR CIPS 8595317 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the Pre-Amplifier to the requirements of the Mod 7 Pre-Amplifier CIPS 8595318 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the cable assemblies, identified as “CBASS Kit” cables in the Contract Baseline, to the requirements of the Type 1 Cable Performance Specification 6934929 (Attachment 1). With the exception of Type 1A cables, paragraphs 3.2.1.2.1 and 4.8.2 of the performance specification shall be 600 VRMS in lieu of 1000 VRMS.

The Contractor shall fabricate and/or procure, assemble, test and deliver the CBASS Kit Materials to the requirements of the drawings specified in Exhibit E.

Applicable to FMS units: The Contractor may, per DFARS 225.7303-2, submit their negotiated offset agreement to the PCO at the time of Letter of Offer and Acceptance (LOA) approval prior to or after contract award. With concurrence from PMS404, the Contracting Officer will review and approve adjustments to CLIN/SLIN FMS pricing IAW DFARS 225.7303-2 for which the offset agreement has been negotiated between the Country and the Contractor.

CLINs 0005, and (IF OPTIONS ARE EXERCISED) 0105, 0205, 0305, and 0405 – Factory Test Equipment The Contractor shall fabricate and/or procure, assemble, test and deliver Factory Test Equipment and associated cables that are capable of verifying the Factory Acceptance Test (FAT) requirements of the Transmitter, GCB, and BSAR Functional Item Replacements (FIRs) set forth in Attachment 1, excluding the requirements that can be tested using the GFE test stations (see Attachment 4) and for further information see Section C - paragraph 3.3.7.1.

Cables shall be capable of performing testing during all ambient, environmental, and manufacturing screening conditions as required by the Statement of Work and associated specification documents.

The Contractor shall include as part of this CLIN any and all other Factory Test Equipment developed for the execution of this contract.

(IF OPTIONS ARE EXERCISED) CLIN 0006, 0106, 0206, 0306, and 0406 - Other Direct Costs The Contractor shall invoice the costs of subsistence, transportation, overtime and material incurred, as authorized by Technical Instruction (TI) in accordance with (IAW) Section H clause 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999), for Engineering Services and Hardware Repair and Maintenance that are provided under Option CLINs 0008, 0108, 0208, 0308, and 0408 and 0009, 0109, 0209, 0309, and 0409 in accordance with HQ C-1-0008 Support for Engineering Services (NAVSEA) (JUN 1992).

CLIN 0007 – MK48 MOD 7 Data The data to be furnished hereunder shall be prepared in accordance with HQ C-1-0001 Data Requirements

(NAVSEA) (SEP 1992).

(IF OPTIONS ARE EXERCISED) CLINs 0008, 0108, 0208, 0308, and 0408 –Engineering Services and Support The Contractor shall, subject to Technical Instructions issued in accordance with (IAW) Section H clause 5252.242- 9115 TECHNICAL INSTRUCTIONS (APR 1999), furnish qualified engineers to conduct studies, provide services, testing, prototyping, and/or analyses of design and/or production related issues for the MK48 MOD 7 G&C Section, CBASS Upgrade Kit, and Factory Test Equipment as well as prototyping for future torpedo versions and obsolescence risk mitigation for MK48 Torpedo components.

The engineering services shall be performed within the limits, if any, as to place(s) and period(s) specified therefore, as authorized by Technical Instructions issued by the COR (see Section G).

The maximum liability of the Government for each engineering services item shall not exceed the amount set forth in the Schedule, or the amount obligated whichever is less. If, at any time, the Contractor has reason to believe that the amounts it expects to incur in the performance of each engineering services item in the next succeeding sixty (60) days, when added to all amounts previously incurred, will exceed seventy-five percent (75%) of the amount then set forth in the Schedule; or if, at any time, the Contractor has reason to believe that the man days and/or amount for the full performance of each engineering services item will be greater than or substantially less than that set forth in the Schedule, the Contractor shall notify the Contracting Officer in writing, giving its revised estimate of the man days and/or amount for the performance of said item. The Contractor shall not exceed the obligated amount for each engineering services item, unless and until such amount has been increased in writing by the Contracting Officer.

(IF OPTIONS ARE EXERCISED) CLINs 0009, 0109, 0209, 0309, and 0409 – Hardware Repair and Maintenance The Contractor shall provide cost-reimbursable hardware repair services for Government Owned hardware delivered under this contract that are not covered under the manufacturer's or a third-party warranty. The Government will provide to the Contractor Government-Furnished Equipment (GFE) in need of rework or repair. The Contractor shall provide a cost estimate and schedule for rework or repair and retest to the Government within 10 working days of receipt of GFE needing rework or repair. The Government will assess that information and notify the Contractor in writing within 10 days as to whether or not the repair is authorized. The Contractor shall not proceed with the repair if it does not receive any written notification from the Government.

The Contractor shall provide cost-reimbursable hardware repair services for Contractor Owned hardware that has been damaged by the Government due to no fault of the Contractor. The Government will provide to the Contractor the damaged Equipment in need of rework or repair. The Contractor shall provide a cost estimate and schedule for rework or repair and retest to the Government within 10 working days of receipt of equipment needing rework or repair. The Government will assess that information and notify the Contractor as to whether or not the repair is authorized. The Contractor shall not proceed with the repair if it does not receive any written notification from the Government.

The Contractor shall, subject to Technical Instructions issued in accordance with Section H clause NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999), repair the Government hardware under this contract as hereby specified. Prior to the Contractor performing any hardware repair services the Contracting Officer’s designated Contracting Officer’s Representative (COR) (See Section G) will authorize all repairs.

The maximum liability of the Government for each engineering services item shall not exceed the amount set forth in the Schedule, or the amount obligated whichever is less. If, at any time, the Contractor has reason to believe that the amounts it expects to incur in the performance of each engineering services item in the next succeeding sixty (60) days, when added to all amounts previously incurred, will exceed seventy-five percent (75%) of the amount then set forth in the Schedule; or if, at any time, the Contractor has reason to believe that the man days and/or amount for the full performance of each engineering services item will be greater than or substantially less than that set forth in the Schedule, the Contractor shall notify the Contracting Officer in writing, giving its revised estimate of the man days and/or amount for the performance of said item. The Contractor shall not exceed the obligated amount for each engineering services item, unless and until such amount has been increased in writing by the Contracting Officer.

(IF OPTIONS ARE EXERCISED) CLINs 0010, 0110, 0210, 0310, and 0410 – Spare Components If the option(s) are exercised, the Contractor shall fabricate and/or procure, assemble, test, and deliver hardware and any associated software and firmware as specified in Exhibit C (MK48 MOD 7 G&C Sections and CBASS Upgrade Kits Spares List). Varying quantities of spares may be ordered dependent upon need and quantities ordered in CLINs 0003, and (IF OPTIONS EXERCISED) 0103, 0203, 0303, and 0403; 0004, and (IF OPTIONS EXERCISED) 0104, 0204, 0304, and 0404, and based upon per unit pricing in Exhibit C.

(IF OPTIONS ARE EXERCISED) CLINs 0011, 0111, 0211, 0311, and 0411 – Production Support Material If the option(s) are exercised, the Contractor shall fabricate and/or procure, assemble, test, and deliver MK48 MOD 7 G&C Sections and CBASS Upgrade Kits and/or Kit components as specified in Exhibit D (MK48 MOD 7 G&C Sections and CBASS Upgrade Kit Production Support Material). Varying quantities of production support material may be ordered dependent upon need and based upon per unit pricing in Exhibit D.

(IF OPTION EXERCISED) CLIN 0012 – Provisioned Items Orders for Factory Test Equipment Component Spares If the option is exercised, the Contractor shall fabricate and/or procure, assemble, test, and deliver hardware and any associated software and firmware in support of the Factory Test Equipment Component Spares in accordance with “HQ C-1-0003 Provisioned Items Orders (APR 1999)”. Varying quantities of spares may be ordered dependent upon need and results from the Factory Test Equipment Sparing Analysis (CDRL A027).

CLIN 0013 - MK48 MOD 7 CBASS Pre-POM Kit The CBASS Pre-POM Kit shall consist of a Guidance and Control Box (GCB), Broadband Sonar Analog Receiver (BSAR), Pre-Amplifier, Cable assemblies, and CBASS Kit Materials.

The Contractor shall fabricate and/or procure, assemble, test and deliver the GCB to the requirements (excluding manufacturing, environmental, and HASS requirements) of the Mod 7 GCB CIPS 8595311 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the BSAR to the requirements (excluding manufacturing, environmental, and HASS requirements) of the Mod 7 BSAR CIPS 8595317 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver Pre-Amplifier to the requirements (excluding manufacturing, environmental, and HASS requirements) of the Mod 7 Pre-Amplifier CIPS 8595318 (Attachment 1).

The Contractor shall fabricate and/or procure, assemble, test and deliver the cable assemblies, identified as “CBASS Kit” cables in the Contract Baseline, to the requirements of the Type 1 Cable Performance Specification 6934929.

With the exception Type 1A cables, paragraphs 3.2.1.2.1 and 4.8.2 of the performance specification shall be 600 VRMS in lieu of 1000 VRMS.

The Contractor shall fabricate and/or procure, assemble, test and deliver the CBASS Kit Materials to the requirements of the drawings specified in Exhibit E.

CLIN 0014 – Small Business Subcontracting Incentive Refer to Small Business Incentive clause in Note D in Section B.

PART 2: SPECIFICATE REQUIREMENTS

2.1 ACCESS TO GOVERNMENT FACILITIES

The Contractor will have access to the Government-owned facilities located at Naval Undersea Warfare Center (NUWC) Division Newport, Rhode Island; NUWC Division Keyport, Washington; and NUWC Division Keyport facilities located at Naval Submarine Base Bangor, Washington as required in support of the life-cycle of this procurement including production, testing efforts, troubleshooting, failure analysis, meetings, etc. on a not to interfere basis. Attachment 5 (Government Furnished Facilities) provides a list of available Government test facilities for use in the execution of this contract.

For utilization of Government facilities, the Contractor shall establish a Test Availability Plan (TAP) with the appropriate Government activity 90 days prior to planned use.

The Government will not be responsible for conflicts, delays, or disruptions to any work performed by the Contractor due to use of any or all of such property under this contract or any other contracts under which use of such property is authorized.

2.2 ACCESS TO CONTRACTOR'S FACILITIES

Without limiting the Government's rights or obligations set forth in this contract, the Contractor specifically agrees as follows:

a) In addition to the cognizant Government Inspector(s) at the Contractor's plant(s), the Contractor shall permit representatives of Government Contract Laboratories and any Government activities as designated by PMS404 to have badged access to the Contractor's plant(s) in order to observe and examine the Contractor's performance of this contract on a non-interference basis.

b) The Contractor shall grant representatives of Advisory and Assistance Services Contractors access to the Contractor's…