N00024-16-R-2215.pdf

SEE ADDENDUM

(No Collect Calls)

N00024-16-R-2215 05-May-2016

b. TELEPHONE NUMBER

2027814966

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 Jun 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N000249. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ABIGAIL D PEREGRINO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0002416NR53062

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF129

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N00024-16-R-2215

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

EOD MERC Open Center Console

FFP

12 Each

The Contractor shall build an EOD MERC open center console (OCC) boat in accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002416NR53062

NET AMT

EOD MERC Cabin

2 Each

The Contractor shall build an EOD MERC cabin boat in accordance with section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract.

EOD MERC NOMWC OCC

The Contractor shall build an EOD MERC NOMWC Open Center Console (OCC) boat in accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract.

EOD MERC Rough Terrain Trailer

14 Each

The Contractor shall build an EOD MERC Rough Terrain Trailer (RTT) in accordance with Section C. The EOD MERC RTT shall include the trailer and ancillary equipage as defined within this contract.

EOD MERC NOMWC Trailer

The Contractor shall build an EOD MERC NOMWC Trailer in accordance with Section C. The EOD MERC NOMWC Trailer shall include the trailer and ancillary equipage as defined within this contract.

Initial Spares - EOD MERC OCC/Cabin

The Contractor shall deliver a basic set of spares in accordance with section C.

Initial Spares - EOD MERC NOMWC

OCC

The Contractor shall deliver a basic set of spares in accordance with section C.

West Coast Delivery

16 Each

The contractor shall deliver boat(s) to the specified US West Coast location.

East Coast Delivery

The contractor shall deliver boat(s) to the specified US East Coast location.

Pre-Delivery Inspection and Trial (PDIT)

3 Each

The Contractor shall conduct Government supported pre-delivery inspections and trials in accordance with section C.

Engine Diagnostic Laptop and Software

The contractor shall procure and provide the original equipment manufacturer computerdevice for diagnosing status of the outboard engines.

Crew Fam West Coast

4 Each

Provide basic training for up to 10 users on boat operation, OEM components, maintenance, and basic repairs.

Crew Fam East Coast

Provide basic training for up to 10 users on boat operation, OEM components, maintenance, and basic repairs.

Provisioned Item Order (PIO) Spares

Lot

OPTION The Contractor shall provide additional spares in accordance with Provisioned Item Order (PIO) clause and as specified in the Delivery Order. SEE NOTE A.

OPTION The Contractor shall build an EOD MERC open center console (OCC) boat in accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

OPTION The Contractor shall build an EOD MERC cabin boat in accordance with section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A

OPTION The Contractor shall build an EOD MERC NOMWC Open Center Console (OCC) boat in accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

OPTION The Contractor shall build an EOD MERC Rough Terrain Trailer (RTT) in accordance with Section C. The EOD MERC RTT shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

OPTION The Contractor shall build an EOD MERC NOMWC Trailer in accordance with Section C. The EOD MERC NOMWC Trailer shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

OPTION The Contractor shall deliver a basic set of spares in accordance with section C. SEE

NOTE A.

Initial Spares- EOD MERC NOMWC

NOTE A.

OPTION The contractor shall deliver boat(s) to the specified US West Coast location. SEE NOTE A.

OPTION The contractor shall deliver boat(s) to the specified US East Coast location. SEE NOTE A.

3 Lot

OPTION The Contractor shall conduct Government supported pre-delivery inspections and trials in accordance with section C. SEE NOTE A.

OPTION The contractor shall procure and provide the original equipment manufacturer computer device for diagnosing status of the outboard engines. SEE NOTE A.

OPTION Provide basic training for up to 10 users on boat operation, OEM components, maintenance, and basic repairs. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

(PIO) clause and as specified in the Delivery Order. SEE NOTE A.

with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

with Section C. The EOD MERC RTT shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

C. The EOD MERC NOMWC Trailer shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

NOTE A.

NOTE A.

A.

A.

3 Each accordance with section C. SEE NOTE A.

device for diagnosing status of the outboard engines. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

(PIO) clause and as specified in the Delivery Order. SEE NOTE A.

with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

with Section C. The EOD MERC RTT shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

C. The EOD MERC NOMWC Trailer shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

NOTE A.

NOTE A.

A.

A.

accordance with section C. SEE NOTE A.

device for diagnosing status of the outboard engines. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

(PIO) clause and as specified in the Delivery Order. SEE NOTE A.

with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

accordance with Section C. The EOD MERC shall include the boat, engines, and ancillary equipage as defined within this contract. SEE NOTE A.

with Section C. The EOD MERC RTT shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

C. The EOD MERC NOMWC Trailer shall include the trailer and ancillary equipage as defined within this contract. SEE NOTE A.

NOTE A.

NOTE A.

A.

A.

accordance with section C. SEE NOTE A.

device for diagnosing status of the outboard engines. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

maintenance, and basic repairs. SEE NOTE A.

(PIO) clause and as specified in the Delivery Order. SEE NOTE A.

Section B – Supplies or Services and Price NOTE A – Option item to which the option clause in SECTION I applies and which is to be supplied only if and to the extent said option is exercised.

CLAUSES INCORPORATED BY FULL TEXT

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

(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-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C – Descriptions and Specification

SECTION C

PART 1 - STATEMENT OF WORK

Introduction

Scope This statement of work (SOW) is for a procurement of an estimated eighty (80) EOD MERCs and EOD MERC NOMWC Variant to replace aging equipment over the next five (5) years. The replacement boats are desired to provide comparable to enhanced performance of current capabilities while focusing on commonality to reduce Total Ownership Costs (TOC). An Indefinite Delivery / Indefinite Quantity (IDIQ){Firm Fixed Price} award will be made to the responsible Offeror whose proposal is determined by the Government to offer the best value to the Government, using a Best Value evaluation process. The contract structure will have 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. Options will be exercised based on the future needs and budget of the program. 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.

Program Management Roles and Responsibilities

(a) The Contractor shall establish a project management structure that ensures overall quality of the boat 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 shall be 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 (PMS 325) 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’s 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.

Post-Award Conference (PAC) Meeting The contractor shall schedule a PAC no-later than thirty (30) calendar days after award of contract or subsequent option year delivery orders. The PAC shall be held at the Contractor’s facility, an alternate facility approved by the Government, or by phone depending upon the technical complexity and/or schedule and shall be attended by a Government representative(s). Topics will include, but are not limited to, documentation review, the Contractor’s understanding of the technical requirements, and production/delivery schedule.

Additional Meetings Other meetings shall be held as needed to support the production schedule including (but not limited to) progress reviews and engineering reviews. Meetings shall be scheduled to minimize interference with continued progress or production of boats. Any major risks or issues that will cause impact to the production delivery schedule or technical performance of the boat shall be brought to the attention of the Government as soon as possible. The meetings shall be held at the Contractor’s facility, an alternate facility approved by the Government, or by phone depending upon the technical complexity and/or schedule and shall be attended by a Government representative(s).

Configuration Management

(a) Unless otherwise specified in the applicable delivery order, all subsequent boats on this contract shall be identical in configuration to the initial hull of each variant. The Contractor shall submit a Request For Variance (RFV) for any configuration change over the life of the contract.

(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.

(d) Upon contract award, the 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) Upon discovery, the Contractor shall notify the Government of any issues with obsolete components. The Contractor is encouraged to notify the Government as soon as possible of an obsolete component impacting system performance or production schedule. Routine one-for-one component replacements can be addressed by submission of a RFV. Where more complex design changes are required, the Contractor shall submit an Engineering Change Proposal (ECP).

(b) ECP’s 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 Specification Section 085 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 It is the Government's desire that all non-commercial technical data (TD) be included in the Technical Data Package (baseline or as modified by any ECPs) be delivered with a minimum of Government Purpose Rights (as defined in DFARS 252.227-7013 and -7014). If the Offeror proposes to deliver commercial TD, it is the Government’s desire to obtain a license to the commercial TD that would grant the Government the equivalent of Government Purpose Rights as a minimum. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 and -7014 as applicable.

The builder shall submit Data Rights Attachments (Attachment 6: Technical Data Rights Assertions (Non- Commercial) and Attachment 7: Technical Data Rights Assertions (Commercial))

Crew Familiarization & Training [Optional] After boat delivery and reassembly the contractor may be required to provide crew familiarization & training at the end-user location (San Diego or Virginia Beach). Crew familiarization & training will not occur for each boat but will be designated as required.

Test and Verification Builders Tests The Contractor shall be responsible for conducting all tests and certifications as specified in Specification Section 094.

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 as specified in Specification Section 094.

(b) If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in Specification Section 094, the Builder may be held financially responsible for cost reimbursement of Government and/or Government representative's travel and labor associated with PDITs. The Contractor shall notify the Government of any Pre-Delivery Inspection and Trials delays no later than five (5) days before planned arrival. Written notice of PDIT delay shall be accompanied by a request of extension to the Contracting Officer and Program Office Point of Contact. If as a result a delayed PDIT or other delays resulting from this action the builder cannot meet the contractual delivery date, consideration for late delivery shall be required. 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 Packaging and delivery of all items in the Contract shall adhere to the requirements in Section D, Section F, and Specification Section 080.

Spares Initial and Follow-on Spares

(a) The Contractor shall provide initial spares for each boat as outlined in Attachment 3 “Initial Spares.” The spares provided for each boat shall match the propulsion configuration/OEM installed on the boat. 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) Delivery. Unless otherwise specified, all spares shall be packaged and shipped securely with each boat.

Packaging shall allow for spare components to not be damaged during shipping. Each package of spares shall be labeled with a Master Packing List (MPL), listing the contents of each package and cross-referenced to Attachment 3, “Initial Spares”

(c) Update: The Contractor shall recommend updates to the contract 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.

Warranty Builder’s Warranty The Builder shall provide a Builder's Warranty for the boat, trailer, and all installed equipment per Specification Section 042.

HQ C-1-0005 ITEM(S) 1014, 2014, 3014, 4014, 5014 - PROVISIONED ITEMS ORDERS – ALTERNATE II

(NAVSEA) (APR 2015)

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

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

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation on Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized.

The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below.

The clause entitled "CONTRACT DEFINITIZATION" (DFARS 252.2l7-7027) shall be included in any undefinitized order.

(d) Unilateral Undefinitized Orders. (1) For a unilateral undefinitized order, the Contractor shall within ten calendar days of receipt of the order notify the Contracting Officer in writing if it takes exception to the ceiling amount and/or the delivery schedule and shall propose a revised ceiling amount and/or a revised delivery schedule at that time. For unilateral undefinitized orders to which the Contractor takes no exception, the Contractor is obligated to perform just as if it were a fully definitized order.

(2) After receipt of the Contractor's Proposal to establish the revised ceiling amount and/or the revised delivery schedule, the Contracting Officer shall: (1) adjust the ceiling amount and/or revise the delivery schedule; (2) advise the Contractor that the order will be adjusted in a different amount than proposed by the Contractor; or (3) advise the Contractor that no adjustment will be made. In the event the Contractor has taken exception to the ceiling amount and/or the delivery schedule and has submitted a timely proposal in accordance with the preceding requirement and the Contracting Officer has not accepted the Contractor's proposal, the Contractor shall not be obligated to perform the order beyond the point at which it would be entitled to be compensated in an amount in excess of the Government's limitation of liability contained in the unilateral order.

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

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

(i) a specified target date which is not more than l80 days after the issuance of the undefinitized order. However, that target date may be extended by the Contracting Officer for up to l80 days after the Contractor submits a qualifying proposal as defined in DFARS 2l7.740l; or

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

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart l5.4 and Part 3l of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause (FAR 52.216-24).

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

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

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 2l7.740l) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditure under an undefinitized order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the

Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.

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

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond the guaranty period set forth in the clause entitled "GUARANTY PERIOD" for the last article under the applicable item called for in Section B hereof for which the supplies or services are being acquired, provided, however, that deliveries or performance of such supplies or services shall be completed not later than the expiration of said guaranty period.

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

(j) Ordering. The cognizant ordering activities are designated below:

Procuring Contracting Officer

SEA 02221

Naval Sea Systems Command 1333 Isaac Hull Ave SE Washington Navy Yard, DC 20376

HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

HQ C-2-0012 CONFIGURATION MANAGEMENT (NAVSEA) (APR 2015)

(a) Baseline Definition - For configuration control purposes, all contractual documentation in effect at the time of contract award shall constitute the Contract Baseline which shall be considered incorporated in the baseline documentation.

(b) General Requirement - (1) The Contractor shall maintain a Configuration Control Program to assure that all detail level work being performed under this contract is in compliance with appropriate baseline documentation.

The Contractor shall prepare a Configuration Management Plan in accordance with the requirements of the contract for approval by the Government.

(2) Whenever a situation arises wherein the Contractor cannot comply with a baseline document, or whenever intent of such documentation is significantly changed by detail level documentation, the Contractor shall submit change documents to modify baseline documents to resolve the conflict or to allow non-compliance.

Whenever the cost of implementing a proposed change is less than the threshold requiring certified cost or pricing data, the Contractor shall provide documentation explaining the nature of related costs as shown on the change document. Whenever the contract cost changes by an amount greater than the threshold requiring certified cost or pricing data, the Contractor shall complete such cost and pricing data as the Contracting Officer shall require detailing all related costs, and attach it to the change document. Requirements for cost and pricing data shall be determined by the gross amount of the change unless otherwise directed by the contracting officer. Change documentation shall be submitted to the Contracting Officer in accordance with the Contract Data Requirements List (CDRL), and as described in paragraphs (c) through (f) below.

(c) Engineering Change Proposals (ECPs) - ECPs shall be prepared in accordance with the approved configuration management plan and the requirements of the contract. DI-SESS-80639D approved 7 April 2015 and MIL-HDBK- 61A of 7 Feb 2001 apply. 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. Documentation shall be developed in sufficient detail to enable Government review and evaluation of the merits of the proposed change, including cost and scheduling impact, ship class impact, and consequences if disapproved. All existing drawings and technical manuals impacted by the change shall be listed along with a brief narrative explanation of needed changes to incorporate the ECP if approved. Weight and moment data incidental to the change shall be provided. The Contractor shall also prepare applicable baseline document insert sheets, with specific word changes or proposed re-write, to facilitate baseline documentation changes.

(d) Non-Engineering Change Proposals (NECPs) – An NECP should be submitted whenever necessary to document administrative, procedural, scheduling, or documentation changes that do not directly impact the physical configuration of the equipment. The NECP shall explain the nature of the problem, identify the applicable baseline document (i.e., Contract Data Requirement List (CDRL), Contract Clause, etc.) and provide a detailed explanation justifying the proposed course of action desired to resolve the problem. Insert sheets for applicable documents shall also be attached to facilitate change action in the event the NECP is approved.

(e) Deviations and Waivers - In the event that a baseline design-related document requirement cannot be met, and a change to the baseline document is considered inappropriate, the Contractor shall submit a Request for Variance.

DI-SESS-80640D approved 7 April 2015 and MIL-HDBK-61A of 7 Feb 2001 apply. The explanation of "need for deviation" should provide detailed justification and consequences of approval, to include technical details explaining the degree of non-compliance or effect on ship equipment or system operation constraints. In a similar manner, a waiver shall document an "as built" configuration that departs from baseline documentation and should include any proposed corrections or modifications to better meet the intent of the baseline document.

(f) Equitable Adjustments for Change Documentation Preparations - For its effort expended in preparing ECPs, NECPs, Deviations and Waivers, the Contractor shall receive equitable adjustment under the following circumstances:

(1) In the event the Contractor, on its own initiative, and without written request from the Contracting Officer, develops a change document that is later disapproved by the Government, the Contractor shall bear the cost of this effort.

(2) To avoid such loss, and at its option, the Contractor may submit a "preliminary" document that outlines intent, but without detailed supporting documentation and request the Contracting Officer's approval for expenditure of effort to complete the detailed supporting documentation. In the event the Contracting Officer denies this request, the Contractor will bear the cost of development of the "preliminary" document, and shall make no further effort to complete detailed supporting documentation.

(3) In the event the Contracting Officer approves the Contractor's request to develop supporting documentation, the Contractor shall be equitably compensated for its effort for both the "preliminary" and "final" documentation, regardless of whether or not the change document is later approved.

(4) In the event the Contracting Officer requests in writing that the Contractor develop change documentation, the effort expended by the Contractor in developing such documentation shall be subject to equitable adjustment, regardless of whether or not the change document is later approved.

(5) In the event the Contractor, on its own initiative, and without written request from the Government, develops a change document that is later approved by the Contracting Officer, the cost of developing such documentation shall be incorporated in the contract modification that implements the change.

(6) Failure to agree to such equitable adjustment in contract price shall constitute a dispute, and shall be adjudicated in accordance with the requirements of the clause entitled "DISPUTES" (FAR 52.233-1).

(g) Any cost reduction proposal submitted pursuant to the clause entitled "VALUE ENGINEERING" (FAR 52.248-1) shall be submitted as a Code V Engineering Change Proposal (VECP). DI-SESS-80639D approved 7 April 2015 and MIL-HDBK-61A of 7 Feb 2001 apply. Information required by the "VALUE ENGINEERING" clause shall also be submitted as part of the change request.

HQ C-2-0013 CONTRACTOR PROBLEM IDENTIFICATION REPORTS (NAVSEA) (MAY 1993)

(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;

(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.

HQ C-2-0014 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 in response to NAVSEA Solicitation No. N00024- .

(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.

HQ C-2-0017 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.

HQ C-2-0024 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 the final acceptance of the applicable material or software.

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.

HQ C-2-0038 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.

HQ C-2-0043 PROTECTION OF THE SHIP DURING ADVERSE ENVIRONMENTAL CONDITIONS

(NAVSEA) (FEB 1994)

The Contractor shall ensure that the ship(s) and all related material at the Contractor's facilities are protected during conditions of heavy weather, high winds, heavy snow and icing, high water or similar adverse environmental conditions. The Contractor shall develop, maintain, and implement as necessary an "Adverse Environmental Conditions Plan" which prescribes the actions and procedures and assigns responsibilities for action to be taken in preparation for and during the period of adverse environmental conditions. The Contractor shall furnish the plan to the Supervisor and shall make such changes in the plan as the Supervisor considers necessary to provide for adequate protection of the ship(s) and the materials and equipment to be installed therein.

HQ C-2-0044 PROTECTION OF THE VESSEL (NAVSEA) (SEP 1990)

(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been off-loaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.

(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty-five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipe-lines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.

(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.

(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.

HQ C-2-0057 TESTS AND TRIALS - ALTERNATE I (NAVSEA) (MAY 1993)

During the conduct of required tests and trials, the vessel shall be under the control of the Contractor and the Contractor's crew with representatives of the Contractor and the Government on board to determine whether or not the work done by the Contractor has been satisfactorily performed. The Contractor shall provide and install all fittings and appliances which may be necessary for dock and sea trials to enable the representatives of the Government to determine whether the requirements of the contract have been met, and the Contractor shall install and remove instruments and apparatus furnished by the Government for such trials, as required by the specifications.

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of…